ORD 92-08 ZONING ORDINANCECity of Bainbridge Island
ZONING
ORDINANCE
February 20, 1992 Ordinance #92-08 $9.00
Chapters:
18.03
18.06
18.09
18.12
18.15
18.18
18.21
18.24
18.27
18.30
18.33
18.36
18.39
18.42
18.45
18.48
18.51
18.54
18.57
18.60
18.63
18.66
18.69
18.72
18.75
18.78
18.81
18.84
18.87
18.90
18.93
18.96
18.99
18.102
18.105
18.108
18.111
18.114
18.117
18.120
18.123
General Provision .......................................... 1
Definitions ............................................... 1
Creation of Zones, Official Zoning Map, and Zoning Boundaries ........... 7
R-14, 14 units per acre Zone (3,100 Spare Feet) ....................... 8
R-8, 8 units per acre Zone (5,400 Square Feet) ....................... 9
R-6, Six units per acre zone (6,543 Square Feet) ..................... 10
R-4.3, Four-and-three-tenths units per acre Zone (10,000 Square Feet) ....... 11
R-3.5, Three-and-one-half units per acre Zone (12,500 Square Feet) ........ 11
R-2.9, Two-and-nine-tenths units per acre Zone (15,000 Square Feet) ........ 12
R-2, Two units per acre Zone (20,000 Square Feet) ................... 13
R-I, One unit per acre Zone (40,000 Square Feet) .................... 13
R-0.4, Four-tenths units per acre Zone (100,000 Square Feet) ............. 14
Central Business District ..................................... 15
Madison Avenue District .................................... 16
North City Center District .................................... 17
Lower Ericksen District ..................................... 18
Upper Ericksen District ..................................... 19
Ferry Terminal District ..................................... 20
High School Road District .................................... 21
Lower Madison Waterfront District .............................. 22
Gateway District .......................................... 22
Island Business District ...................................... 23
Island Trade District ....................................... 24
Light Manufacturing Zone .................................... 25
Industrial Zone ........................................... 26
General Regulations ........................................ 27
Parking and Access Requirements ............................... 34
Open Space and Planting Requirements ........................... 37
Manufactured Home Provisions ................................ 40
Nonconforming Lots, Uses and Structures .......................... 41
Day Care Provisions ........................................ 42
Home Occupations Provisions .................................. 43
Agriculture Provisions ....................................... 44
Permit Procedures and Appeal ................................ 44
Site Plan Review Procedures .................................. 45
Conditional Use Permit Procedures .............................. 47
Variance Procedures ........................................ 48
Rezone Procedures ......................................... 50
Comprehensive Plan Amendment Procedures ....................... 52
Planned Unit Development Procedures ........................... 53
Enforcement and Penalty ..................................... 55
ORDINANCE NO. 92-08
AN ORDINANCE OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, RELATING TO ZONING
IN THE CITY; REPEALING TITLE 18 OF THE
BAINBRIDGE ISLAND MUNICIPAL CODE; ADDING
A NEW TITLE TO THE BAINBRIDGE ISLAND
MUNICIPAL CODE; AND ADOPTING THE
OFFICIAL ZONING MAP.
WHEREAS, pursuant to RCW35A.63.100, the City Council desires to pass
a zoning ordinance to regulate the use of land in the City; and
WHEREAS, at least one public hearin was held regarding the: proposed
zoning ordinance pursuant to RCW35A.63. IP)B, notice of which was given as set
forth ~n RCW35A.63.070; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN, as follows:
Section 1. Repealer. This Ordinance repeals Title 18 of the Bainbridge
Island Municipal Code.
Section 2. New Title. There is added to the Bainbridge Island Municipal
Code a new Title entitled "Zoning" and to read as follows:
Chapter 18.03
GENERAL PROVISIONS
be processed in accordance with the provisions of
Chapter 2.16 and this Title.
Sections:
18.03.010 Minimum Standards. Chapter 18.06
18.03.020 Provisions not to abrogate DEFINITIONS
easements, covenants or other
restrictions.
18.03.030 Amendments to title, zoning map
or comprehensive plan.
18.03.010 Minimum Standards.
The standards and criteria expressed in this title shall be
interpreted as minimum standards and when two
requirements of this title conflict, the one imposing the
greater restriction shall apply.
18.03.020 Provisions not to abrogate easements,
covenants or other restrictions.
The provisions of this title shall not abrogate easements,
covenants, or other restrictions of record imposed on
properties in the city.
18.03.030 Amendments to title, zoning map or
comprehensive plan.
All proposals to amend the zoning code, zoning map,
comprehensive plan and comprehensive plan map shall
18.06.010 Accessory dwelling units.
"Accessory dwelling unit" means separate living
quarters contained within or detached from a single
family residence on a single lot, contains less than 800
SF of floor area excluding accessory buildings and
shares a single driveway with the primary residence;
provided no mobile home or recreational vehicle shall
be an accessory dwelling unit.
18.06.020 Accessory building or structure.
"Accessory building or structure" means a subordinate
building or structure that is incidental to the principal
structure on the same lot. Accessory dwelling units are
not considered accessory buildings or structures.
18.06.030 Accessory use.
"Accessory use" means a use customarily incidental and
related to the principal use on the same lot. Accessory
dwelling units are not considered accessory uses.
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Pace 1
February 20, 1992
18.06.040 Adjoining.
"Adjoining" means immediately abutting or separated
only by a street right-of-way.
18.06.050 Agency.
"Agency" means the Plarmmg Agency of the city.
18.06.060 Agricultural processing.
"Agricultural processing" means the preparing and
manufacturing of commodities primarily from island
farms except for small-scale incidental processing such
as a cider press.
18.06.070 Agriculture.
"Agriculture" means all forms of crop-related activities,
such as growing crops and processing island-grown
crops as part of a farm, and animal husbandry using
best management practices, Incidental vegetable
gardenhag, landscaping and keeping common pets are
not defined as agriculture. Agricultural land and
agricultural operations shall be as defined in 16.20.
18.06.080 Bed and breakfast.
"Bed and breakfast" means a detached single family
residence that is owner-occupied and in which (1) a
guest room or guest rooms are provided within the
residence or within accessory buildings, for
compensation, as overnight accommodations for
transient visitors who remain no longer than two weeks
in any one visit, and (2) breakfast is customarily
included in the charge for the room. A bed-and-
breakfast lodging is not a hotel or motel, home
occupation or other use defined or regulated elsewhere
in this ordinance, except that bed and breakfast
establishments containing one or two sleeping rooms
may be considered a minor home occupation as defined
and regulated elsewhere in this Title.
18.06.090 Best management practices.
"Best management practices" are as defined in Chapter
16.20.
18.06.100 Buffer.
Space, either landscaped or existing or natural
vegetation intended to reduce the impact of undesirable
sights, sounds, odors; provided that an area that was
logged or clear cut within five years of submittal may
not be acceptable as a buffer. Buffers protecting
environmentally sensitive areas shall be as defined in
Chapter 16.20.
18.06.110 Building.
"Building" means any structure having a roof,
designated for shelter of persons, animals or property.
It does not include caves for purposes of determining
the maximum lot area covered by buildings.
18.06.120 Building area.
"Buildhag area" means the ground area encompassed
within the walls of a building.
18.06.130 Building height.
"Building height" means the vertical distance above
"Grade" to the highest point of the coping of a flat roof
or to the deck line of a mansard roof or to the average
height of the highest gable of a pitched or hipped roof.
The height of a stepped or terraced building is the
maximum height of any segment of the building.
18.06.140 Building line.
"Building line" means the perimeter of that portion of a
building or structure nearest a property line but
excluding open steps, terraces, cornices decks less than
30 inches high, and other ornamental features projecting
from the walls of the building or structure.
18.06.150 Building official.
"Building official" means the person or persons or firm
designated by the city to insure compliance with
appropriate municipal codes related to building permits,
such as administration of the uniform building codes.
18.06.160 Carport.
"Carport" means a covered shelter for one or more
vehicles that is open on at least two sides.
18.06.170 City.
"City" means the city of Bainbridge Island.
18.06.180 Clinic.
"Clinic" means a building in which health care services
are provided for treatment of human or animal
out-patients. A veterinary clinic may include the
incidental boarding of animals undergoing treatment.
18.06.190 Club.
"Club" means a place where an association of persons
organized for some common purpose m~,et.
18.06.200 Commercial use.
"Commercial use" means the providing of goods or
services for compensation.
18.06.210 Comprehensive plan.
"Comprehensive plan" means the policies approved by
the city council as a guide to the development of the
city.
18.06.220 Conditional use.
"Conditional use" means a use listed among those
classified in any given zone but permitted to locate only
after review by the city's hearing examiner and in
accordance with standards and criteria set forth in this
title.
18.06.230 Council.
"Council" means the council of the city.
18.06.240 Cultural facility.
"Cultural facility" is a place, such as a club, where
people gather to further intellectual and recreational
interests and values with others who share common
opinions or interests.
Pace 2
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
18.06.250 Day care facility, child.
"Child Day Care Facility" means a building or structure
in which an agency, person, or persons regularly
provide child care for a group of children for periods of
less than 24 hours per day. Child care facilities include
family day care homes and child day care centers, as
defined below:
A. "Family Day Care Home" means a family abode
in which child day care is provided on the
premises during part of the 24-hour day to 12 or
fewer children, including the provider's own and
foster children under eleven years of age.
Education functions that are secondary to the day
care operation are allowable for the number of
children specified and will not be considered a
school.
B. "Child Day Care Centers" means provision for
child day care of thirteen (13) or more children
through the age of 12 in any 24 hour period and
could include a public or private school.
18.06.260 Density.
"Density" means the number of dwelling units allowed
in the lot area.
18.06.270 Department.
"Department" means the city's department of planning
and comnaunity development.
18.06.280 Director.
"Director" means the director of the department.
18.06,290 Domestic animal.
"Domestic animal" means cats, dogs, rabbits and other
small animals commonly kept as pets in the city.
18.06.300 Drive-through business.
"Drive-through business" means a business or portion of
a business where customers may carry on business while
seated in a motor vehicle. This definition shall include
but not be limited to gas stations, car washes, and
drive-in restaurants or banks.
18.06.310 Dwelling.
"Dwelling or dwelling unit" means a building or portion
of a building that provides independent living facilities
with provisions for sleeping, eating and sanitation;
provided a recreational vehicle or bus is not a dwelling
or dwelling unit.
18.06.320 Dwelling, multifamily.
"Dwelling, multifamily" means a structure or portion of
a structure containing two or more dwelling units or
more than one dwelling unit on one lot.
18.06.330 Dwelling, single-family.
"Dwelling, single-family" means a detached structure
containing one dwelling unit and having a permanent
foundation.
18.06.340 Factory-built home.
"Factory-built home" means any building or structure,
containing one dwelling unit, that is constructed
primarily in a factory, does not contain a permanent
chassis and is transported to the site for assembly and
installation on a permanent foundation. Such dwellings
shall be constructed in compliance with the standards of
the Uniform Building Code and must have the insignia
of approval of the Washington State Department of
Labor and Industries, in accordance with RCW 43.22.
18.06.350 Family.
"Family" means one or more persons who live in one
dwelling unit and maintain one househoht. Any number
of such persons, related by kinship, constitutes a family.
However, not more than five such persons, when not
related by kinship, constitutes a family.
18.06.360 Fast Food.
"Fast food" means a restaurant that ha:s either of the
following characteristics:
A. Offers neither a full dinner menu nor table service.
B. Has a drive-through window or a take-out counter.
18.06.370 Formula take-out food restaurant.
"Formula take-out food restaurant" means a restaurant
or establishment that (1) is required by contractual or
other arrangement to offer standardized menus,
ingredients, food preparation, interior or exterior design
and/or uniforms and (2) serves or delivers its ti3od in
disposable containers.
18.06.380 Flag lot.
A lot of a panhandle configuration where. the panhandle
connects the main body of the lot to a road or street.
18.06.390 Floor area.
"Floor area" means the total area of all floors within the
walls of a building.
18.06.400 Footprint.
"Footprint" means the area at the ground plane of a
building, structure, or other element, bounded by the
outside of the exterior walls and including stairs,
porches, decks, upper story overhangs, canopies, and
other appurtenances over three feet in height above the
grade, except not including roof overhangs.
18.06.410 Garage.
"Garage" means a building or portion of a building
designed or used for the shelter of vehicl~:s and enclosed
on at least three sides.
18.06.420 Gasoline service station.
"Gasoline service station" means a retail business where
gasoline and/or automotive services are of/r~red.
18.06.430 Grade.
"Grade" (adjacent ground elevation) is the computed
average of the lowest and the highest points of elevation
of the original surface of the ground, or existing paving
or sidewalk within the area between the building and the
property line, or when the property line is more than
five feet from the building, between the building and a
line five feet from the building. On waterfront parcels
as defined in the shoreline master program, the
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE/192-08
Page 3
February 20, 1992
definition of grade from the shoreline master programs
shall be used (WAC173-14-030(3)).
18.06.440 Group care facility.
"Group care facility" means a facility licensed by the
state, that provides training, care, supervision, treatment
and/or rehabilitation to the aged, disabled, those
convicted of crimes or those suffering from the effects
of drugs or alcohol; provided group care facilities shall
not include day care centers, family day care homes,
foster homes, schools, hospitals, jails or prisons.
18.06.450 Hazardous substance.
"Hazardous substance" means any liquid, solid, gas,
sludge, including any material, substance, product,
commodity, or waste, regardless of quantity, that
exhibits any of the characteristics or criteria of
hazardous waste specified in RCW70.105.010.
18.06.460 Hazardous substance handling.
"Hazardous substance handling" means the use, storage,
manufacture, production, or other land use activity
involving hazardous substances; except for individually
packaged household consumer products or quantities of
hazardous substances of less than five gallons in volume
per container.
18.06.470 Hazardous waste.
"Hazardous waste" means and includes all dangerous
and extremely hazardous waste as specified in
RCW70.105.010.
18.06.480 Hazardous waste storage.
Hazardous waste storage means the holding of
dangerous waste for a temporary period. Accumulation
of dangerous waste is not storage as long as the
accumulation is in compliance with applicable
requirements of WAC173-303-200 and 173-303-201.
18.06.490 Hazardous waste treatment.
"Hazardous waste treatment" means the physical,
chemical, or biological processing of dangerous waste
to make such wastes non-dangerous or less dangerous,
satyr for transport, amenable for energy or material
resource recovery, amenable for storage or reduced in
volume.
18.06.500 Hazardous waste treatment and storage,
off-site.
"Off-site hazardous waste treatment and storage" means
hazardous waste treatment and storage facilities that
treat and store waste generated on properties other than
those on which the off-site facilities are located.
18.06.510 Hazardous waste treatment and storage,
on-site.
"On-site hazardous waste treatment and storage" means
storing or treating hazardous wastes on the lot on which
the wastes are generated.
18.06.520 Health care facility.
"Health care lhcility" means a building or buildings used
for human or animal health care.
18.06.530 Heavy equipment.
"Heavy equipment" means self-powered, self-propelled
or towed mechanical devices, equipment and vehicles of
the nature customarily used for commercial purposes
such as tandem axle trucks, graders, backhoes, tractor
trailers, cranes and lifts but excluding automobiles,
recreational vehicles and boats and their trailers.
18.06.540 Heavy equipment storage area.
"Heavy equipment storage area" means a place where
two or more items of heavy equipment are stored.
18.06.550 Home occupations.
"Home occupation" means an accessory use of a
dwelling unit for .ga. inful employment involving the
manufacture, provxsmn, or sale of goods and/or
services.
A. Home occupation, minor.
"Minor home occupations" are compatible with
the neighborhoods in which they are located and
cause no impact greater than that generally
associated with a single residence. Bed and
breakfast establishments that contain no more
than two rooms shall be considered a minor
home occupation.
B. Home occupation, major.
"Major home occupations" cause some effect
greater than that generally associated with a
single residence and require some action or
conditions to reduce those effects.
18.06.560 Hotel/Motel.
"Hotel/motel" means a building or group of buildings
containing guest rooms, where, for compensation,
lodging is provided for transient visitors. A hotel or
motel may contain one or more restaurants. A hotel or
motel is not a bed-and-breakfast lodging as defined and
regulated elsewhere in this ordinance.
18.06.570 Junkyard.
"Junkyard" means a place where odds and ends, waste,
or discarded or salvaged materials are bought, sold,
exchanged, handled, or stored. The term includes
automobile and building wrecking yards. It does not
include establishments dealing with used furniture or
household fixtures, used cars or machinery in operable
condition or recycling centers.
18.06.580 Kennel.
"Kennel" means a place where three or more adult
domestic animals are kept commercially. A commercial
kennel is considered a professional service under this
title and is maintained to board, breed or treat the
animals for profit and shall exclude pet shops and
agriculture.
18.06.590 Kit home.
"Kit home" means any building or structure, containing
one dwelling unit, that is constructed primarily in a
factory as a set of pre-cut materials and parts, that does
not contain a permanent chassis and is transported to the
site for assembly and installation on a permanent
foundation. Such dwellings shall be ¢onstrncted in
Pa~oe 4
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
compliance with the standards of the Uniform Building
Code.
18.06.600 Landscaping.
"Landscaping" means the placement, preservation, and
the replacement of trees, shrubs, plants and other
vegetative materials in accordance with an approved
landscaping plan meeting the requirements set forth in
Chapter 18.90, Landscaping requirements.
18.06.610 Livestock.
"Livestock" means horses, camelids, bovine animals,
sheep, goats, swine, reindeer, donkeys, mules!:iiand any
hoofed animal.
18.06.620 Lot.
"Lot" means a platted or unplatted parcel or tract of
land.
18.06.630 Lot area.
"Lot area" means the total horizontal area within the lot
lines, excluding any area seaward of the line of the
ordinary high water mark, and excluding private streets
and lot area in panhandles or flag lots nattower than 30
feet.
18.06.640 Lot, corner.
"Comer lot" means a lot bounded on adjacent sides by
streets.
18.06.650 Lot coverage.
"Lot coverage" means that portion of the total lot area
covered by buildings, excluding caves.
18.06.660 Lot line, front.
"Front lot line" means the lot line separating the lot
from any street.
18.06.670 Lot line, rear.
"Rear lot line" means the lot line opposite and most
distant from the front lot line; when the lot extends to
tidal water, the rear lot line is the ordinary high water
mark.
18.06.680 Lot line, side.
"Side lot line" means any lot line that is neither a front
or rear lot line.
18.06.690 Lot, through.
"Through lot" means a lot having frontage on two
streets that do not intersect at a lot line.
18.06.700 Manufactured home.
"Manuthctured home" means any building or structure,
containing one dwelling unit, that is constructed
primarily in a factory, contains a permanent chassis, and
is transported to the site for assembly and installation on
a permanent foundation. Such dwellings shall be
constructed in compliance with the Federal
Manufactured Home Construction and Safety Standards
and must have the insignia of approval of the US
Department of Housing and Urban Development, in
compliance with RCW 43.22.
18.06.710 Manufactured home development.
"Manufactured home development" means a site
developed for the permanent placement of manufactured
homes.
18.06.720 Mobile home.
See "manufactured home."
18.06.730 Mobile home park.
See "manufactured home development."
18.06.740 Modular home.
See "factory-built home"
18.06.750 Nonconforming lot.
"Non-conforming lot" means a lot that was lawfully
created but does not conform to the lot requirements of
the zone in which it is located.
18.06.760 Nonconforming structure.
"Nonconforming structure" means a structure that was
lawfully constructed prior to adoption of the ordinance
codi~ed in this title, or applicable amendments thereto
and that does not conform to present regulations of the
code.
18.06.770 Nonconforming use.
"Non-conforming use" means a use of land that was
lawfully established and has been lawfully continued,
but does not conform to the regulations of the zone in
which it is located as established by the ordinance or
amendments thereto.
18.06.780 Open space.
"Open space" means land and/or water area that is
predominantly undeveloped, and is set aside to serve the
purpose.s of providing park and recreation opportunities,
conserving environmentally sensitive; areas and
character. Open space excludes, tidelands, shorelands,
yards required by this ordinance, areas occupied by
dwellings, impervious surfaces not incidental to open
space purposes, individual lots or land regulated under
provisions of Chapter 16.20, and areas that were clear
cut or extensively logged within five years of submittal.
18.06.790 Ordinary high water mark.
"Ordinary high water mark" means the mark on all
lakes, streams and tidal water is that mark that will be
found by examining the bed and banks and ascertaining
where the presence and action of waters are so co~nmon
and usual, and so long continued in all ordinary years,
as to mark upon the soil a character distinct from that of
the abutting upland, in respect to vegetation. If the
ordinary high water line cannot be tbund, the ordinary
high water mark adjoining salt water shall be the line of
mean higher high tide and the ordinary high water mark
adjoining fresh water shall be the line of mean high
water.
18.06.800 Outdoor storage.
"Outdoor storage" means the outdoor storage of goods
for more than 72 hours. Outdoor storage includes, but
is not limited to, sales or storage yards for automobiles,
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #°2-08
Pa~e 5
February 20, 1992
trailers, moving equipment, boats, construction
equipment and materials, items used for manufacture,
and auto wrecking yards. Temporary outdoor sales
displays less than 100 square feet in groupd area per
business establishment, moorage areas xn marinas,
parking, and outdoor sales and storage areas of
commercial nurseries and lumber yards are not defined
as outdoor storage.
18.06.805 Panelized home.
"Panelized home" means any building or structure,
containing one dwelling unit, that is constructed
primarily in a factory, as a set of panels, that does not
contain a permanent chassis and is transported to the site
for assembly and installation on a permanent foundation.
Such dwellings shall be constructed in compliance with
the standards of the Uniform Building Code.
18.06.810 Parking lot.
"Parking lot" means an area intended to accommodate
parked vehicles for a fee or not accessory to single
family residences.
18.06.815 Parking space.
"Parking space" means a space on a lot, exclusive of
access drives, used to park a vehicle and having access
to a public street.
18.06.820 Pedestrian orientation.
"Pedestrian orientation" means that the location and
access to structures, site configuration and elements,
types of uses permitted at street level, building front
design, and location of signs are based on the needs of
persons on foot.
18.06.825 Permanent foundation.
"Permanent tbundation" means a foundation constructed
in compliance with the standards of the Uniform
building Code, except foundations for manufactured
homes shall be in compliance with the printed
installation instructions provided by the manufacturer of
the manufactured home.
18.06.830 Personal and professional service.
"Personal and professional service" means an
establishment that provides services involving the care
of a person. such as laundry .and .dry cleaning, legal
services, beauty shops, engtneermg services, shoe
repair, counseling services, doctor and dental offices,
real estate offices, financial services and tanning salons.
18.06.835 Planned unit development.
"Planned unit development" is an overlay zone that
encourages development of land as a single unit by
providing flexibility in return for preservation of open
space, preservation of natural sy. stems, efficiency in use
of resources, and minimal ~mpact on community
infrastructure and public amenities.
18.06.840 Principal building, adjacent.
A principal building located on a lot abutting the
applicanCs lot.
18.06.845 Principal building, shoreline.
That building on a lot closest to the ordinary high water
mark excluding accessory structures.
18.06.850 Principal use.
"Principal use" means the primary or predominant use
to which the lot or building is or may be devoted and to
which all other uses are accessory.
18.06.855 Recreational vehicle.
"Recreational vehicle" means a vehicle, such as a motor
home, travel trailer, truck/camper combination or
camper trailer, that is designed for human habitation for
recreational or emergency purposes an,] that may be
moved on public highways without any special permit
for long, wide or heavy loads.
18.06.860 Recycling center.
"Recycling center" means a collection point for small
refuse items, such as bottles and newspapers, located
either in a container or a small structure. (Bellevue)
18.06.865 Restaurant, formula take-out food.
"Formula take-out food restaurant" means a restaurant
required by contractual or other arrangement to offer
standardized menus, ingredients, food preparation,
interior or exterior design and/or uniforms; and serves
its food in disposable containers.
18.06.870 Retail sales.
"Retail sales" means selling goods or commodities to
final consumers.
18.06.875 Rezone.
"Rezone" means changing the designatt~d zoning of a
particular lot or area.
18.06.880 Setback.
"Setback" means the required yards between every
structure or use and the lot lines, planned rights-of-way,
rights-of-way or access easement of the lot on which it
is located.
18.06.885 Shoreline structure setback line.
"Shoreline structure setback line" means the shortest
distance measured on a horizontal plane between the
ordinary high water mark and the building line.
18.06.890 Significant tree.
"Significant tree" means any living woody perennial
plant characterized by a main stem or trunk having
many branches and having a diameter of 12 inches or
more measured at breast height.
18.06.895 Site-built home.
"Site-built home" means any building or structure,
containing one dwelling unit, that ~s constructed
primarily on site on a permanent foundation. Such
dwellings shall be constructed in accordance with the
standards of the Uniform Building Code.
Pate 6
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
18.06.900 Street.
"Street" means a public way of travel which affords the
principal means of access to abutting properties or a
private way-of-travel which affords the principal means
of access to four or more lots or to property which is,
under existing laws, capable of division into four or
more lots.
18.06.905 Structure.
"Structure" means any man-made assemblage of
materials extending above or below the surface of the
earth and affixed or attached thereto.
18.06.910 Tavern.
"Tavern" means an establishment that sells beer or wine
for on-premise consumption under a B class license as
defined by the Washington State Liquor Control Board.
18.06.915 UBC.
"UBC" means the Uniform Building Code, which is
adopted by reference in Chapter 15.04.
18.06.920 Use.
"Use" means the purpose land, buildings, or structures
now serve or for which such is occupied, arranged,
designed, or intended.
18.06.925 Variance.
"Variance" means a relaxation of the terms of the
zoning ordinance where such variance will not be
contrary to the public interest and where, owing to
conditions peculiar to the property that are not the result
of the actions of the applicant, a literal enforcement of
the ordinance would result in unnecessary and undue
hardship.
18.06.930 Yard.
"Yard" means an open space on a lot or parcel that is
required by this title to be unoccupied and unobstructed
from the ground upward, except as otherwise provided
in this title.
18.06.935 Yard, front.
"Front yard" means a yard extending from a building to
the frorlt lot line.
18.06.940 Yard, rear.
"Rear yard" means a yard extending from a building to
the rear lot line.
18.06.945 Yard, side.
"Side yard" means a yard extending from a building to
the side lot line. When a parcel has two or more front
yards, the remaining yards are to be considered side
yards.
18.06.950 Zone.
"Zone" means one of the classifications of permitted
uses into which the land area of the city is divided.
18.06.955 Zoning map.
"Zoning map" means the official map that identifies and
delineates boundaries of the city's zoning classifications.
FF
AND ZONING BOUNDARIES
18.09.010
18.09.020
18.09.030
18.09.040
Zones created.
Zones designated.
Official zoning maIL.
Zoning district boundaries.
18.09.010 Zones created.
To implement the purposes of this title, the city shall be
divided into zones that segregate conflicting land uses
and coordinate policies for land uses outlined in the
comprehensive plan of the city. A map or maps
delineating these zones shall be adopted by the city as
part of this title and shall be filed at the office of the
city clerk
18.09.020 Zones designated.
The city shall be divided into the following zones:
A. R-14, 14 units per acre (3,100 SF) zone;
B. R-8, Eight units per area (5,400 SF) zone;
C. R-6, Six units per acre (6,543 SF) zone;
D. R-4.3, Four-and-three-tenths units per acre
(10,000 SF) zone;
E. R-3,5, Three-and-one-half units per acre (12,500
SF) zone;
F. R-2.9, Two-and-nine-tenths units per acre
(15,000 SF) zone;
G. R-2, Two units per acre (20,000 SF) zone;
H. R-l, One unit per acre (40,000 SF) zone;
I. R-0.4, One unit per 2.5 acres (100,000 SF) zone;
J. Commercial with eleven sub-districts;
K. LM, Light Manufacturing zone;
L. I, Industrial zone;
18.09.030 Official zoning map.
The official zoning map shall be identified by signatures
of the city council and shall carry the tollowing ~vords:
This is to certiI~ that this is the Official
Zoning Map referred to in the Zoning
Ordinance of the City of Barnbridge
Island, Wash.ington, adopted March 1,
1992. If, m accordance with the
provisions of this Code, changes are made
in zoning district boundaries or other
matter portrayed on the Official Zoning
Map, such changes shall be made on the
Official Zoning Map promptly after the
amendment has been adopted, together
with an entry on, or attached to, the
Official Zoning Map, as follows: "On
(date) by official action of the City
Council, the following change was
(changes were) made in the Official
Zoning Map (brief description of nature of
change)," which entry shall be signed by
the Mayor and attested to by the city
clerk.
All amendments to the Official Zoning
map shall be immediately transmitted and
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Pa~e 7
February 20, 1992
filed with the Kitsap County Department
of planning and Community Development.
The Official Zoning map that shall be
located in the Office of the City Clerk
shall be the final authority as to the
current zoning status of land in the City.
18.09.040 Zoning district boundaries.
A. Zoning boundaries indicated as approximately
following the center lines of streets, highways
and freeways shall be construed to follow such
center lines.
B. Zoning boundaries indicated as approximately
following platted lot lines shall be construed as
following such lot lines.
C. The portion of water bodies adjacent to the city
between the uplands fronting thereon and over
any tidelands or shorelands intervening between
such upland boundary and any such waters to the
middle of such adjacent water bodies shall be
considered to be within the same zoning district
as the adjacent land area as shown on the official
zoning map unless otherwise designated.
D. Boundaries indicated as parallel to or extensions
of features indicated in subsections A and B of
this section shall be so construed. Distances not
specifically indicated on the official zoning map
shall be determined by the county assessor's
map.
E. Where physical or other features existing on the
ground are at variance with those shown on the
official zoning map, or in other circumstances not
covered by subsections A through D of this
section, the agency shall interpret the zoning
district boundaries.
F. Developments within two hundred feet of the
shoreline shall be subject to additional
requirements of the Bainbridge Island Shoreline
Management Master Program codified under
Chapter 16.12.
G. When a street or alley is vacated, it shall acquire
the classification of the property to which it
reverts."
H. If a zone or portion thereof came into existence
through proceedings in which it was accompanied
by a legal description, such legal description shall
govern its location; Provided that rule shall
prevail notwithstanding that the ordinance by
which the zone or portion thereof came into
existence is repealed."
CHAPTER 18.12
R-14, 14 UNITS PER ACRE ZONE (3,100 SQUARE
FEET)
Section:
18.12.010 Purpose.
18.12.020 Permitted uses.
18.12.030 Conditional uses.
18.12.040 Lot area and density.
18.12.050 Lot coverage.
18.12.060 Yards.
18.12.070 Building height limitations.
18.12.075 Minimum lot dimensions.
18.12.080 Bonus densities allowed.
18.12.010 Purpose.
The purpose of the R-14 zone is to provide areas of
high density residential development which can support
public utility systems necessary for the protection of the
environment and allow the maximum amenity tbr a
large number of residences. These districts shall be
located adjacent to or near planned community centers
and other areas that are to be served by public utilities
in the near future.
18.12.020 Permitted uses.
A. Accessory dwelling units.
B. Accessory uses and buildings.
C. Community or public park and recreation
facilities.
D. Educational, cultural, goverumental, religious, or
health care facilities.
E. Family day care homes.
F. Manufactured homes within manufactured home
developments.
G. Minor home occupations.
H. Multifamily dwellings.
I. Single-family dwellings built to UBC standards.
18.12.030 Conditional uses.
A. Bed and breakfast establishments.
B. Child day care centers.
C. Major home occupations.
D. Manufactured home developments.
E. Public and private utility buildings and structures;
F. Senior citizen housing project utilizing the bonus
densities set forth in this section under Bonus
Densities Allowed.
18.12.040 Lot area and density.
A. The minimum lot area ti3r single-family
residences shall be ten thousand square t~et
where served by sanitary sewers.
The minimum lot area tier single-family
residences shall be twenty thousand square t~et
when not served by sanitary sewer.
The minimum net lot area for multifamily
dwellings shall be three thousand one hundred
square feet per dwelling unit. An increase in
density is permitted pursuant to the requirements
of 18.12.080.
Page 8
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
18.12.050 Lot coverage.
The maximum lot area covered by buildings shall not
exceed twenty-five percent.
18.12.060 Yards.
A. Front yards, rear yards and side yards facing
streets shall be not less than twenty-five feet 3.
measured by the distance from the nearest lot
lines, planned fights-of-way or road easements.
B. Side yards shall not be less than fifteen feet in
total sum with no side yard less than five feet.
C. In case of structures over two stories high, front
and rear yard requirements shall be increased by 4.
four feet for every story over two; the side yard
requirements shall be increased by ten feet for
every story over two.
D. No portion of any residential or accessory
structure shall be closer than ten feet from any
other residential or accessory structure.
E. Rear yards shall be fifteen feet.
18.12.070 Building height limitations.
The building height is 35 feet, except that structures up
to 40 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18. 108 it is demonstrated that (1) view opportunities are
not substantially reduced; (2) fire flow is adequate; (3)
no unstable slopes or soils are on the building site; and
(4) solar access of neighboring lots is not reduced.
18.12.075 Minimum lot dimensions.
The minimum lot depth and width is 60 feet.
18.12.080 Bonus densities allowed.
A. Qualified senior citizen housing projects may be
allowed the following density bonuses:
1. A minimum of one thousand square
feet of lot area per unit;
2. One parking space per unit shall be
required; 18.15.020
3. Maximum lot area covered by A.
buildings shall not exceed that allowed B.
in the underlying zone. C.
B. All elderly housing projects desiring to utilize the
increase in density permitted by this section shall D.
first obtain a conditional use permit from the E.
hearing examiner. The applicant must file with
land use administrator a signed written statement F.
that the following conditions shall be met: G.
1. That so long as the project utilizes the H.
increased density allowance permitted by this I.
chapter, it shall qualify under the insured
mortgage program of the federal Department 18.15.030
of Housing and Urban persons as defined by A.
HUD or persons otherwise qualified for B.
social security disability benefits; C.
2. In the event the above condition or any
imposed by the hearing examiner ceases to D.
be met, the conditional use permit may be E.
revoked by the hearing examiner after a F.
public hearing called for said purpose. Upon G.
revocation, the right to maintain an increase
in the number of units as permitted by this
subsection for elderly housing and the
decrease in parking space requirements shall
terminate, and the owners or their successors
shall be required to meet the underlying
density and parking space requirements in
effect for the subject propert>' at that time;
The owner shall execute a covenant that
shall run with the land naming the city as
grantee, which will state the number of units
that will then be permitted and the number
of parking spaces that will then be required
if the conditional use permit ~s revoked;
The area that would otherwise be used tbr
parking but for the decreased number of
spaces required under this chapter shall be
landscaped and shall not be used for
construction of permanent structures.
Chapter 18.15
R-8, EIGHT UNITS PER ACRE ZONE (5,400
SQUARE FEET)
Sections:
18.15.010 Purpose.
18.15.020 Permitted uses.
18.15.030 Conditional uses.
18.15.040 Lot area and density.
18.15.050 Lot coverage.
18.15.060 Yards.
18.15.070 Building height limitations.
18.15.075 Minimum lot dimensions.
18.15.010 Purpose.
The purpose of the R-8 zone is to provide for medium
density residential areas in pleasant. uncongested
surroundings allowing for the maximum amenities for
the occupants.
Permitted uses.
Accessory dwelling units;
Accessory uses and buildings;
Automobile parking facilities accessory to
residential development;
Family day care homes.
Manufactured homes within manufactured home
developments.
Minor home occupations;
Multifamily dwellings;
Public parks and playgrounds;
Single-family dwellings built to UBC standards;
Conditional uses.
Bed and breakfast establishments.
Child day care centers.
Educational, cultural, governmental, religious or
health care facilities;
Major home occupations.
Manufactured home developments.
Public and private utility buildings and structures;
Senior citizen housing projects utilizine the bonus
densities set forth in this ordinance un~ler section
18.12.080, except that a minimum of three
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92~08
Pace 9
February 20, 1992
thousand square feet of lot area per unit shall be
required and the par ~king requirement shall not be
less than one space per unit.
18.15.040 Lot area and density.
A. The minimum lot area for single-family
residences shall be ten thousand square feet.
B. The minimum lot area for single-family
residences shall be twenty thousand square feet
when not served by sanitary sewers.
C. The minimum lot area for multifamily dwellings
shall be five thousand four hundred square feet
per dwelling unit. An increase in density is
permitted pursuant to the requirements of
18.12.080 and 18.15.030(D).
18.15.050 Lot coverage.
The maximum lot area covered by buildings shall not
exceed twenty-five percent.
18.15.060 Yards.
A. Front yards, rear yards and side yards facing
streets shall be not less than twenty-five feet
measured by the distance from the nearest lot
lines, planned rights-of-way or road easements.
B. Side yards shall not be less than fifteen feet in
total sum with not side yard less than five feet.
C. In case of structures over two stories high, front
and rear yard requirements shall be increased by
four feet for every story over two; the side yard
requirements shall be increased by ten feet for
every story over two.
D. No portion of any residential or accessory
structure shall be closer than ten feet from any
other residential or accessory structure.
E. Rear yards shall be fifteen feet.
18.15.070 Building height limitations.
The building height is 35 t~et, except that structures up
to 40 t~et may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18.108, it is demonstrated that (1) view opportunities
are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site;
and (4) solar access of neighboring lots is not reduced.
18.15.075 Minimum lot dimensions.
Minimu~n lot width and depth shall be 60 feet.
Chapter 18.18
R-6, SIX UNITS PER ACRE ZONE (6,543 SQUARE
FEET)
Sections:
18.18.010 Purpose.
18.18.020 Permitted uses.
18.18.030 Conditional uses.
18.18.040 Lot area and density.
18.18.050 Lot coverage.
18.18.060 Yards.
18.18.070 Building height limitations.
18.18.075 Minimum lot dimeusions.
18,18.010 Purpose.
The purpose of the R-6 zone is to provide for a
residential neighborhood in a unique high density
non-urban environment.
18.18.020
A.
B.
C.
D.
E.
F.
G.
Permitted uses.
Accessory uses and buildings.
Family day care homes.
Foster homes.
Manufactured homes, except single wides.
Minor home occupations.
Public parks and playgrounds.
Single-family dwellings built to UBC standards.
18.18.030
A.
B.
D.
E.
F.
Conditional uses.
Accessory dwelling units.
Educational, cultural, governmental, religious or
health care facilities.
Major home occupations.
Marinas.
Multi family dwellings.
Public and private utility buildings and structures.
18.18.040 Lot area and density.
A. The density shall be six units per acre.
B. The minimum lot area shall be 6,534 square feet.
18.18.050 Lot coverage.
No maximum lot coverage shall be applicxl in this zone.
18.18.060 Yards.
A. Front yards may be an average distance of the
fi'ont yard setbacks along Point Monroe Drive,
but shall be not less than five feel, measured by
the distance from the nearest 1ol line, planned
right-of-way or road easement.
B. Side yards shall not be less than ten feet in total
sum with no side yard less than five feet.
C. Rear yards shall be fifteen t~et.
D. No portion of any residential or accessory
structure shall be closer than ten feet t~om any
other residential or accessory structure.
18.18.070 Building height limitations.
The building height is 30 feet, except that structures up
to 35 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18.108, it is demonstrated that (1) view opportunities
are not significantly reduced; (2) fire flow is adequate;
Pace 10
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
(3) no unstable slopes or soils are on the building site;
and (4) solar access of neighboring lots is not reduced.
18.18.075 Minimum lot dimensions.
Minimum lot width and depth shall be 60 tbet.
Chapter 18.21
R-4.3, FOUR-AND-THREE-TENTHS UNITS PER
ACRE ZONE (10,000 SQUARE FEET)
Sections:
18.21.010 Purpose.
18.21.020 Permitted uses.
18.21.030 Conditional uses.
18.21.040 Lot area and density.
18.21.050 Lot coverage.
18.21.060 Yards.
18.21.070 Building height limitations.
18.21.075 Minimum lot dimensions.
18.21.010 Purpose.
The purpose of the R-4.3 zone is to provide for vital
single-family neighborhood having urban density and
having those community improvements and facilities
normally associated with urban area development.
18.21.020 Permitted uses.
A. Accessory buildings and uses;
B. Family day care homes.
C. Minor home occupations;
D. Single-family dwellings built to UBC standards;
18.21.030
A,
B.
C.
Do
Conditional uses.
Agriculture
Child day care centers.
Educational, cultural, governmental, religious or
health care facilities;
Major home occupations;
Public and private utility buildings and structures;
Public parks and playgrounds;
18.21.040 Lot area and density.
A. The minimum lot area for a dwelling unit shall
be ten thousand square feet.
B. The minimum lot area for a dwelling unit shall
be twenty thousand square t~et ~vhen not served
by sanitary sewers.
18.21.050 Lot coverage.
The maximum lot area covered by buildings shall not
exceed twenty-five percent.
18.21.060 Yards.
A. Front yards,
rear yards and side yards facing
streets shall be not less than twenty-five feet,
measured by the distance from the nearest lot
lines, planned rights-of-ways, or road easements.
Side yards shall not be less than fifteen feet in
total sum with no side yard less than five feet.
In case of structures over two stories high, front
and rear yard requirements shall be increased by
tbur feet for every story over two; the side yard
Do
E,
requirements shall be increased by ten t~et for
every story over two.
No portion of any residential structures shall be
closer than ten feet from any other residential
structure.
Rear yards shall be fifteen feet.
18.21.070 Building height limitations.
The building height is 25 feet, except that structures up
to 30 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18.108, it is demonstrated that (1) view opportunities
are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site;
and (4) solar access Of neighboring lots is not reduced.
18.21.075 Minimum lot dimensions.
No minimum lot width and depth shall be imposed.
Chapter 18.24
R-3.5, THREE-AND-ONE-HALF UNITS PER ACRE
ZONE (12,500 SQUARE FEET)
Sections:
18.24.010 Purpose.
18.24.020 Permitted uses.
18.24.030 Conditional uses.
18.24.040 Lot area and density.
18.24.050 Lot coverage.
18.24.060 Yards.
18.24.070 Building height limitations.
18.21.075 Minimum lot dimensions.
18.24.010 Purpose.
The purpose of the R-3.5 zone is to provide ti3r vital
single-family neighborhoods having those community
improvements and facilities normally associated with
suburban development,
18.24.020 Permitted uses.
A. Accessory buildings and uses;
B. Family day care homes.
C. Minor home occupations;
D. Single-family dwellings built to UBC standards:
18.24.030 Conditional uses
B.
C.
D.
Agriculture
Bed and breakfast establishments;
Child day care centers.
Educational, cultural, governmental, religious or
health care facilities;
Major home occupations:
Public and private utility buildings and structures;
Public parks and playgrounds;
18.24.040 Lot area and density.
A. The minimum lot area for a dwelling unit shall
be twelve thousand five hundred square feet.
B. The minimum lot area for a dwelling unit shall
be twenty thousand square feet when not served
by sanitary sewers.
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE ~92-08
Pa~e 11
February 20, 1992
18.24.050 Lot coverage. B.
The maximum lot area covered by buildings shall not C.
exceed twenty-five percent. D.
18.24.060 Yards.
A. Front yards, rear yards and side yards facing
streets shall be not less than twenty-five feet,
measured by the distance from the nearest lot
lines, planned fights-of-way, or road easements.
B. Side yards shall not be less than fifteen feet in
total sum with no side yard less than five feet.
C. In case of structures over two stories high, front
and rear yard requirements shall be increased by
four feet for every story over two; the side yard
requirements shall be increased by ten feet for
every story over two.
D. No portion of any residential structures shall be
closer than ten feet t~om any other residential
structure.
E. Rear yards shall be fifteen feet.
18.24.070 Building height limitations.
The building height is 25 feet, except that structures up
to 30 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18.108, it is demonstrated that (1) view opportunities
are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site;
and (4) solar access of neighboring lots is not reduced.
18.24.075 Minimum lot dimensions.
No minimum lot width and depth shall be imposed.
Chapter 18.27
R-2.9, TWO-AND-NINE-TENTHS tINITS
ACRE ZONE (15,000 SQUARE FEET)
PER
Sections:
18.27.010 Purpose.
18.27.020 Permitted uses.
18.27.030 Conditional uses.
18.27.040 Lot area and density.
18.27.050 Lot coverage.
18.27.060 Yards.
18.27.070 Building height limitations.
18.27.075 Minimum lot dimensions.
18.27.010 Purpose.
The purpose of the R~2.9 zone is to provide tbr vital
single-family neighborhoods in a suburban residential
area not requiring a full range of urban community
improvements and facilities.
18.27.020 Permitted uses.
A. Accessory buildings and uses;
B. Family day care homes.
C. Minor home occupations;
D. Single-family dwellings built to UBC standards;
18.27.030 Conditional uses.
A. Agriculture and accessory uses except agricultural
processing;
Eo
Bed and breakfast establishments;
Child day care centers.
Educational, cultural, governmental, religious or
health care facilities.
Major home occupations;
Public and private utility buildings and structures.
Public parks and playgrounds;
18.27.040 Lot area and density.
A. The minimum lot area for a dwelling unit shall
be fifteen thousand square feet.
B. The minimum lot area for a dwelling unit shall
be twenty thousand square feet when not served
by sanitary sewers.
18.27.050 Lot coverage.
The maximum lot area covered by buildings shall not
exceed twenty-five percent.
18.27.060 Yards.
A. Front yards, rear yards, and side yards facing
streets shall be not less than twenty-five feet,
measured by the distance from I:he nearest lot
lines, planned rights-of-ways, or road easements.
B. Side yards shall not be less than fifteen feet in
total sum with no side yard less than five feet.
C. In case of structures over two stories high, front
and rear yard requirements shall be increased by
four feet for every story over two; the side yard
requirements shall be increased by ten t~et tbr
every story over two.
D. No portion of any residential structures shall be
closer than ten feet from any other residential
structure.
E. Rear yards shall be fifteen feet.
F. Confmed feedings areas or structures to house
livestock or poultry shall not be located closer
than 200 feet to any pre-existing residence on
adjacent properties.
18.27.070 Building height limitations.
The building height is 25 feet, except that structures up
to 30 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18.108, it is demonstrated that (1) view opportunities
are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site:
and (4) solar access of neighboring lots ~s not reduced.
18.27.075 Minimum lot dimensions.
No minimum lot width and depth shall be imposed.
Page 12
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Chapter 18.30
R-2, TWO UNITS
SQUARE FEET)
PER ACRE ZONE
(20,000
Sections:
18.30.010 Purpose.
18.30.020 Permitted uses.
18.30.030 Conditional uses.
18.30.040 Lot area and density.
18.30.050 Lot coverage.
18.30.060 Yards.
18.30.070 Building height limitations.
18.30.080 Minimum lot dimensions.
18.30.010 Purpose.
The purpose of the R-2 Residential is to provide for
residential neighborhoods of increased density in a rural
environment.
18.30.020
A.
B.
D.
E.
F.
G.
Permitted uses.
Accessory uses and buildings.
Agricul.ture and accessory uses except agricultural
processxng.
Family day care homes.
Manufactured homes, except single-wides.
Minor home occupations.
Public parks and playgrounds.
Single-family dwellings built to UBC standards.
18.30.030 Conditional uses.
A. Accessory dwelling units.
B. Agricultural processing.
C. Bed and breakfast establishments.
D. Cemeteries.
E. Child day care centers.
F. Educational, cultural, governmental, religious or
health care facilities.
G. Group health facilities.
H. Major home occupations.
I. Manufactured home developments.
J. Marinas/boat rental facilities.
K. Mining and quarrying.
L. Multifamily dwellings.
M. Open-air sales for garden supplies.
N. Park-and-ride lots.
O. Public and private utility buildings and structures.
18.30.040 Lot area and density.
A. The density shall be two units an acre.
B. The minimum lot area shall be 20,000 SF.
18.30.050 Lot coverage.
The maximun~ lot area covered by buildings shall not
exceed 20 percent.
18.30.060 Yards.
A. Front yards,
rear yards and side yards facing
streets shall be not less than 25 feet, measured by
the distance from the nearest lot line, planned
rights-of way or road easements.
Side yards shall not be less than 15 feet in total
sum with no side yard less than five feet.
Rear yards shall be at least 15 feet.
In case of structures more than two stories high,
front and rear yard requirements shall be
increased by five feet fbr every story over two;
the side yard requirements shall be increased by
ten feet for every story over two.
No portion of any residential structures shall be
closer than ten feet from any other residential
structure.
Confmed feedings areas or structures to house
livestock or poultry shall not be located closer
than 200 feet to any pre-existing residence on
adjacent properties.
18.30.070 Building height limitations.
The building height is 30 feet, except that structures up
to 35 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18.108, it is demonstrated that (1) view opportunities
are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site;
and (4) solar access of neighboring lots ns not reduced.
18.30.080 Minimum lot dimensions.
A. Lots shall have a minimum width and depth of 80
feet.
B. Minimum width for lots a~iacent to saltwater
shall be 70 feet.
Chapter 18.33
R-l, ONE UNIT PER ACRE ZONE (40,000 SF)
Sections:
18.33.010
18.33.020
18.33.030
18.33.040
18.33.050
18.33.060
18.33.070
18.33.080
Purpose.
Permitted uses.
Conditional uses.
Lot area and density.
Lot coverage.
Yards.
Building height limitations.
Minimum lot dimensions.
18.33.010 Purpose.
The purpose of the R-1 zone is to provide residential
neighborhoods in a rural environment consistent with
other land uses such as agriculture and forestry, and the
preservation of natural systems and open space. The
low density of housing does not require the full range of
urban services and facilities.
I8.33.020 Permitted Uses
A. Accessory buildings and uses.
B. Agriculture.
C. Family day care homes.
D. Forestry.
E. Manufactured homes.
F. Minor home occupations.
G. Public parks and playgrounds.
H. Single-family dwellings built to UBC standards.
18.33.030 Conditional uses.
A. Accessory dwelling units.
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Paee 13
February 20, 1992
B. Bed and breakfast establishments.
C. Cemeteries.
D. Child day care centers provided, the subject
property has a minimum lot area of one acre.
E. Educational, cultural, governmental, religious or
health care facilities.
F. Group health facilities.
G. Manufactured home developments.
H. Mining and quarrying.
I. Multiple Family Dwellings with additional
criteria of a 25-foot perimeter natural vegetative
easement and interior open space.
J. Open-air sales for garden supplies.
K. Public and private utility buildings and structures.
L. Recycling center provided that the subject
property has a minimum lot area of one acre and
has frontage on an arterial.
18.33.040 Lot area and density.
A. The density shall be one unit for each acre of
land.
B. The minimum lot area shall be 40,000 square
feet.
18.33.050 Lot coverage.
The maximum lot area covered by buildings shall not
exceed 15 percent.
18.33.060 Yards.
A. Front yards, rear yards and side yards facing
streets shall be not l~ss than 25 feet, measured by
the distance from the nearest lot line, planned
rights-of-way or road easements.
B. Side yards shall not be less than 25 feet in total
sum with no side yard less than ten/~et.
C. Rear yards shall be 15 feet.
D. In case of structures more than two stories high,
front and rear yard requirements shall be
increased by four feet for every story over two;
the side yard requirements shall be increased by
ten feet for every story over two.
E. No portion of any residential structures shall be
closer than ten feet from any other residential
structure.
F. Confmed feedings areas or structures to house
livestock or poultry shall not be located closer
than 100 feet to any pre-existing residence on
adjacent properties.
18.33.070 Building height limitations.
The building height is 30 feet, except that structures up
to 35 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18.108, it is demonstrated that (1) view opportunities
are not substantially reduced; (2) fire flow is adequate;
(3) no nnstable slopes or soils are on the building site;
and (4) solar access of neighboring lots is not reduced.
18.33.080 Minimum lot dimensions.
Lots shall have a minimum width and depth of 80 feet.
Chapter 18.36
R-0.4 ONE UNIT PER 2.5 ACRES ZONE (100,000
SQUARE FEET)
Sections:
18.36.010
18.36.020
18.36.030
18.36.040
18.36.050
18.36.060
18.36.070
18.36.080
18.36.090
Purpose.
Permitted uses.
Conditional uses.
Lot area and density.
Lot coverage.
Yards.
Building height limitations.
Minimum lot dimensions.
Accessory dwelling units.
18.36.010 Purpose.
The purpose of the R-0.4 zone is to provide low density
housing in a rural environment consistent with other
land uses, such as agriculture and forestry, and the
preservation of natural systems and open space. The
low density of housing does not require the full range of
urban services and facilities.
18.36.020 Permitted uses.
A. Accessory uses and buildings.
B. Agriculture.
C. Family day care homes.
D. Forestry.
E. Manufactured homes.
F. Minor home occupations.
G. Public parks and playgrounds.
H. Single-farmly dwellings built to UBC standards.
18.36.030 Conditional uses.
A. Public and private utility buildings and structures.
B. Educational, cultural, governmental, religious or
health care facilities.
C. Recycling center, provided that the subject
property has a minimum lot area of two and one-
half acres.
D. Day care centers, provided that the subject
E. Bed and breakfast establishments.
F. Multifamily Dwellings.
G. Accessory dwelling units.
H, Manufactured home developments.
I. Major home occupations.
J. Park-and-ride lots.
K. Cemeteries.
L. Group health facilities.
M. Open-air sales for garden supplies.
N. Mining and quarrying.
18.36.040 Lot area and density.
A. The density shall be one unit for every 2.5 acres
of land.
B. The minimum lot area shall be 100~000 square
feet.
18.36.050 Lot coverage.
The maximum lot area covered by buildings shall not
exceed 10 percent.
Page 14
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
18.36.060 Yards.
A. Front yards, rear yards and side yards facing
streets shall be not less than 25 feet, measured by
the distance from the nearest lot line, planned
rights-of-way or road easements.
B. Side yards shall not be less than 30 feet in total
sum with no side yard less than 15 feet.
C. Rear yards shall be 25 feet.
D. In case of structures more than two stories high,
front and rear yard requirements shall be
increased by four feet for every story over two;
the side yard requirements shall be increased by
ten feet for every story over two.
E. No portion of any residential structures shall be
closer than ten feet from any other residential
structure.
F. Confined feedings areas or structures to house
livestock or poultry shall not be located closer
than 200 feet to any pre-existing residence on
adjacent properties.
18.36.070 Building height limitations.
The building height is 30 tbet, except that structures up
to 35 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18.108, it is demonstrated that (1) view opportunities
are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site;
and (4) solar access of neighboring lots is not reduced.
18.36.080 Minimum lot dimensions.
Lots shall have a minimum width and depth of 110 feet.
Chapter 18.39
Commercial, Central Business District
18.39.010 Purpose.
18.39.020 Permitted uses.
18.39.030 Conditional uses.
18.39.040 Minimum lot area.
18.39.050 Lot coverage.
18.39.060 Yards.
18.39.070 Parking.
18.39.080 Building requirements.
18.39.090 Building height limitations.
18.39.010 Purpose.
The purpose of the con'm~ercial zone, central business
district is to provide retail and personal services to the
residents of the city and the visiting public in a
pedestrian-oriented comn~rcial setting.. It is intended
that the central business district retain ~ts historical role
as the city's focus for commercial activities.
18.39.020 Permitted uses.
A. Retail sales not requiring outdoor storage, except
formula take-out food restaurants:
B. Personal and professional services;;
C. Indoor entertainment and amusement;
D. Household appliance repair and similar uses:
E. Commercial parking lots that provide parking tbr
uses in the commercial zones in accordance with
Chapter 18.81;
F. Public parks and playgrounds;
G. Educational, cultural, governmental, religious, or
health care facilities;
H. Bed and breakfast establishments;
I. Multifamily dwellings according to Chapter
18.12, R-14, providing they are located above
the ground floor.
J. Child day care centers.
18.39.030 Conditional uses.
A. Public and private utility building and structures;
B. Other uses deemed likely to cause a nuisance if
not otherwise controlled, excepl that formula
take-out food restaurants are not permitted.
18.39.040 Minimum lot area.
There shall be no minimum lot area.
18.39.050 Lot coverage.
There shall be no maximum lot coverage.
18.39.060 Yards.
A. For properties that are directly adjacent to a
residential zone, there shall be a required yard
not less than five feet along the property line
abutting the residential zone.
B. For properties between Ericksen Avenue and
State Route 305 and properties west of Olympic
Drive Southeast and which are within the Hall
Brothers Creek and Sough drainage, all
structures, parking areas and pavements, except
for public pedestrian access trails and viewing
platforms, shall be set back a minimum of five
feet from the top of the slope into Hall Brothers
Creek and Slough or shall be set back as dictated
by the city's environmentally sensitive areas
ordinance codified in Title 16. The top of the
slope shall be defined as the point where the
slope into the creek drainage becomes at least
twenty percent (two feet vertical ~all per ten feet
horizontal distance). No structure!; or pavements
except for public pedestrian access trails and
viewing platforms shall be built in the above
specified areas on ground with an existing slope
greater than twenty percent.
18.39.070 Parking.
The requirements of Chapter 18.81 shall apply with the
tollowing exceptions and additions:
A. Required parking spaces may be provided at a
distance up to five hundred teet from the
structure they serve, provided, they are in a
commercial zone. However, parking
requirements for a new or expanded use must be
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Pa~e 15
February 20, 1992
met by providing new parking spaces rather than
the lease or purchase of existing spaces.
B. Subject to approval as part of the review process,
the parking requirement may be met by
contributing into a public or cooperative
commercial effort to create new parking m the
Central Business District. The amount of the
contribution shall be equivalent to that necessary
to provide the required number of parking
spaces.
C. New parking spaces will not be required for
additions to existing buildings that are less than
twenty-five percent of the existing floor area and
less than one thousand square feet. This
exception to the parking requirements may be
utilized only once per property and does not
apply to additions or remodeling for the purpose
of adding residential units.
D. For properties fronting on Winslow Way, there
shall be no driveway from private property to the
street except as approved as a conditional use.
Driveways in existence prior to July 1, 1987, are
excepted from this requirement.
E. For properties fronting on Winslow Way, there
shall be no parking permitted within 10 feet of
the public right-of-way, except as approved as a
conditional use. Parking lots in existence prior to
July 1, 1987, are excepted from this requirement.
18.39.080 Building Requirements.
All buildings fronting on Winslow Way shall have
either:
A. A public building entry on the building wall
thcing Winslow Way; or,
B. Windows or display windows covering at least
thirty percent of the ground floor wall area of the
building wall facing Winslow Way.
18.39.090 Building height limitations.
The building height is 35 feet, except that structures up
to 45 feet may be allowed under a Conditional Use
Penrot if, in addition to the requirements of Chapter
18.108, it is demonstrated that (1) view opportunities
are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site;
(4) solar access of neighboring lots is not reduced; (5)
one li3ot of setbacks in addition to tmnimum yard
requirements is provided for each additional foot of
building height allowed.
Chapter 18.42
COMMERCIAL, MADISON AVENtEE DISTRICT
Sections:
18.42.010 Purpose.
18.42.020 Permitted uses.
18.42.030 Conditional uses.
18.42.040 Minimmn lot area.
18.42.050 Lot coverage.
18.42.060 Yards.
18.42.070 Parking.
18.42.080 Building height limitations.
18.42.010 Purpose.
The purpose of the Commercial Zone -- Madison
Avenue District, is to provide retail and personal
services to the residents of the city and the visiting
public, the opportunity for m-city living and the
opportunity for small scale production and commercial
enterprises that benefit from a visible location, that
enhance the economic diversity of Bainbridge Island and
that do not adversely impact other activities in this or
adjacent zones.
18.42.020 Permitted uses.
A. Retail sales not requiring outdoor ~storage, except
formula take-out food restaurants;
B. Personal and professional services;
C. Indoor entertainment and amusement;
D. Small appliance repair and similar uses:
E. Commercial parking lots to servi~e commercial
uses in the commercial zones in accordance with
Chapter 18.81 and with Section 18.42.070.
F. Public parks and playgrounds;
G. Educational, cultural, governmental, religious, or
health care facilities;
H. Single-family dwellings that were in existence
and being used as a single-family dwelling prior
to the enactment of this code. Single-family zone
regulations shall apply to such single-family
dwellings and shall be applied on a case-by-case
basis.
I. Multi-family dwellings in accordance with
Chapter 18.12, R-14;
J. Bed and Breakfast establishments.
K. Child day care centers.
18.42.030 Conditional uses.
A. Public and private utility buildings and structures;
B. Other uses deemed likely to cause a nuisance if
not otherwise controlled, except that formula
take-out food restaurants are not permitted;
C. Senior citizen housing prqiects utilizing the bonus
densities set forth in Section 18.12.080.
D. Processing and production of contrnercial goods
providing the following condition;~ are met:
1. Impacts to environmental conditions such as
mr quality, noise, visual qualities, traffic,
water run-off, etc., arc non-significant or
are satisfactorily mitigated:
2. The City's requirements tier utilities and site
improvements are met;
Page 16
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-O8
3. All open storage areas are screened from the
view from public property and adjacent
properties; and
4. The use incorporates a retail outlet function,
display room, display windows or public
interpretive display as part of the facility.
Hazardous substance handling incidental to
permitted uses.
18.42.040 Minimum lot area.
There shall be no minimum lot area.
18.42.050 Lot coverage.
The maximum lot area covered by buildings shall not
exceed thirty-five percent.
18.42.060 Yards.
A. Front, rear and side yards shall not total less than
twenty feet.
B. For properties that are adjacent to a residential
zone, the requirements for a rear or side yard
along a property line abutting the residential zone
shall be the same as for the adjacent zone.
18.42.070 Parking.
A. In addition to the requirements of Chapter 18.81,
all parking areas shall be separated from the public
street right-of-way by a five tbot buffer. The plant
materials in the buf/~r shall be as approved by the
Planning Agency.
Exceptions.
1. Where the development of the five-feet-wide
landscaped strip would preclude effective
development of the site due to unusual
circumstances or property configuration, an
equivalent amount of landscaped area may be
substituted fbr the five f~et strip if approved
during the project review process.
2. Where the construction of public sidewalks has
left a strip of unimproved land between the
property line and the sidewalk, the stnp of
land may be improved and incorporated as
part of the required five-feet-wide landscaped
strip if approved during the project review
process.
18.42.080 Building height limitations.
The building height is 35 feet, except that structures up
to 45 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18.108, it is demonstrated that (1) view opportunities
are not impeded; (2) fire flow is adequate; (3) no
unstable slopes or soils are on the building site: (4) solar
access of neighboring lots is not reduced; (5) one foot
of setbacks in addition to minimum yard requirements
is provided tbr each additional foot of building height
allowed.
Chapter 18.45
COMMERCIAL, NORTH CITY CENTER
Sections:
18.45.010 Purpose.
18.45.020 Permitted uses.
18.45.030 Conditional uses.
18.45.040 Minimum lot area.
18.45.050 Lot coverage.
18.45.060 Yards.
18.45.070 Parking.
18.45.080 Building Height limitations.
18.45.010 Purpose.
The purpose of the Commercial Zone, North City
Center District, is to provide retail and personal services
to the residents of the city and the visiting public, the
opportunity for in-city living, and the opportunity for
mixed-use projects combining residential, civic and
commercial activities.
18.45.020 Permitted uses.
A. Retail sales not requiring outdoor storage, except
formula take-out food restaurants;
B. Personal and professional services;
C. Indoor entertainment and amusement;
D. Small appliance repair and similar uses;
E. Commercial parking lots in accordance with
Chapter 18.81;
F. Public parks and playgrounds;
G. Educational, cultural, governmental, religious. or
health care facilities;
H. Manufactured home developments:
I. Single-family dwellings that were m existence and
being used as a single-family dwelling prior to the
enactment of this code. Zone regulations shall
apply to such single-family dwellings and shall be
applied on a case-by-case basis.
J. Bed and breakfast establishments.
K. Child day care centers.
18.45.030 Conditional uses.
A. Public and private utility buildings and structures;
B. Other uses deemed likely to cause', a nuisance if
not otherwise controlled, except that formula take-
out food restaurants are not permitted;
C. Senior citizen housing projects utilizing the bonus
densities set forth in Section 18.12.080;
D. Multi-family residences in accordance with
Chapter 18.12, R-14;
E. Formula take-out restaurants are not permitted.
18.45.040 Minimum lot area.
There shall be no minimum lot area.
18.45.050 Lot coverage.
The maximum lot area covered by buildings shall not
exceed thirty-five percent.
18.45.060 Yards.
A. Front, rear and side yards shall not total less than
twenty feet.
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Pace 17
February 20, 1992
For properties adjacent to a residential zone, the
requirements for a rear or side yard along a
property line abutting the residential zone shall be
the same as in the adjacent zone.
18.45.070 Parking.
The requirements of Chapter 18.81 shall apply with the
following exceptions and additions:
A. Required parking spaces may be provided at a
distance up to five hundred feet from the structure
they serve, provided they are in a commercial
zone. However, parking requirements for a new or
expanded use must be met by providing new
parking spaces rather than the leasing or purchase
of existing spaces.
B. Subject to approval as part of the review process,
the parking requirement may be met by
contributing into a public or cooperative
commercial effort to create new parking in the
Central Business District. The amount of the
contribution shall be equivalent of that necessary
to provide the required number of parking spaces.
18.45.080 Building Height limitations.
The building height is 35 feet, except that structures up
to 45 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18.108, it is demonstrated that (1) view opportunities
are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site;
(4) solar access of neighboring lots is not reduced; (5)
one foot of setbacks in addition to minimum yard
requirements is provided for each additional foot of
building height allowed, provided setbacks from
residential zones and public fights-of-way shall be a
minimum of 15 feet or setbacks from residential zones
may be satisfactory with an equivalent amount of
landscaped, publicly accessible open space on the
property, as approved during the project review process.
Chapter 18.48
COMMERCIAL, LOWER ERICKSEN DISTRICT
Sections:
18.48.010 Purpose.
18.48.020 Permitted uses.
18.48.030 Conditinnai uses.
18.48.040 Minimmn lot area.
18.48.050 Lot coverage.
18.48.060 Yards.
18.48.070 Parking.
18.48.080 Building height limitations.
18.48.010 Purpose.
The purpose of the Conm~ercial Zone, Lower Ericksen
District -- is to provide small scale commercial services
to the residents of the city and the visiting public and to
provide a high quality setting fk~r existing and new
residences near the Central Business District. The
provisions herein are intended to integrate
commnnity-oriented co~runercial activities within a
viable and stable residential neighborhood.
18.48.020 Permitted uses.
A. Retail sales in structures with footprints smaller
than 1,000 square feet except for gasoline service
stations, formula take-out food restaurants,
drive-in businesses and businesses with outdoor
storage areas are excluded;
B. Personal and professional services;
C. Bed and breakfast establishments;
D. Small appliance repair and similar uses;
E. Community or public park and recreational
facilities;
F. Multifamily residences in accordance with Chapter
18.12, R-14, as well as the provisions of this
chapter;
G. Single-family dwellings built to UBC standards.
H. Child day care centers.
18.48.030 Conditional uses.
A. Public and private utility buildings and structures;
B. Senior citizen housing projects utilizing the bonus
densities set forth in Section 18.12.080;
C. Educational, cultural, governmental, religious or
health care facilities;
D. Retail sales in structures with fbotprints larger
than 1,000 square feet.
E. Temporary businesses or structure:s;
F. Other uses deemed likely to caus¢: a nuisance if
not otherwise controlled, except that tbrmula take-
out food restaurants are not permitted.
G. Hazardous substance handling incidental to
permitted uses.
18.48.040 Minimum lot area.
There shall be no minimum lot area.
18.48.050 Lot coverage.
A. The maximum lot area covered by buildings shall
not exceed thirty-five percent.
B. The maximum lot coverage of any single building
including porches and decks over three feet above
grade and attached garages shall be two thousand
square feet.
C. If two or more structures occupy the same lot, the
structures shall be separated by a strip of open
land or lane at least five feet in width.
18.48.060 Yards.
A. Front, rear and side yards shall not total less than
twenty-five feet. Side yards shall be at least five
feet. Front yards shall be at least fifteen feet.
B. For properties east of Ericksen Avenue that ar~
within Hall Brothers Creek and Slough drainage,
all structures, parking areas and pavements except
for public pedestrian access trails and viewing
platforms shall be set back from the top of slope
into Hall Brothers Creek and Slough a minimum
of five feet or as required by the environmentally
sensitive areas ordinance codified in Title 16. The
top of slope shall be defined as the point where
the slope into the creek drainage becomes at least
twenty percent (two feet vertical fall per ten feet
horizontal distance). No structure or pavements in
the area specified above except for public
Pace 18
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
pedestrian access trails and viewing platforms shall
be built in the Hall Brothers Creek and Slough
drainage on ground with an existing slope greater
than twenty percent.
18.48.070 Parking.
A maximum of two parking spaces shall be allowed in
a front yard,
18.48.080 Building height limitations.
The building height is 25 f~et, except that structures up
to 35 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18.108, it is demonstrated that (1) view opportunities
are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site;
(4) solar access of neighboring lots is not reduced; (5)
one foot of setbacks in addition to minimum yard
requirements is provided for each additional foot of
building height allowed.
Chapter 18.51
COMMERCIAL, UPPER ERICKSEN DISTRICT
Sections:
18.51.010 Purpose.
18.51.020 Permitted uses.
18.51.030 Conditional uses.
18.51.040 Minimum lot area.
18.51.050 Lot coverage.
18.51.060 Yards.
18.51.070 Building height limitations.
18.51.010 Purpose.
The purpose of the Commercial Zone, Upper Ericksen
District, is to provide professional and minor retail
services to the residents of the city and the visiting
public.
18.51.020 Permitted tk~es.
A. Retail sales under two thousand square feet per
business except that tbrmula take-out food
restaurants, gasoline service stations, drive-in
businesses and businesses with outdoor storage
areas are excluded;
B. Personal and professional services;
C. Indoor entertainment and amusement under two
thousand square feet, excluding taverns;
D. Small appliance repair and similar uses;
E. Commercial parking lots in accordance with
Chapter 18.81;
F. Community or public park and recreational
facilities;
G. Educational, cultural, governmental. religious, or
health care facilities;
H. Multifamily residences in accordance with Chapter
18.12, R-14;
I. Single-family residences in accordance with
Chapter 18.21, R-4.3
J. Bed and breakfast establishments.
K. Child day care centers.
18.51.030 Conditional uses.
A. Public and private utility buildings and structures;
B. Other uses deemed likely to cause a nuisance if
not otherwise controlled;
C. Senior citizen housing projects utilizing the bonus
densities set forth in Chapter 18.12.
18.51.040 Minimum lot area.
There shall be no minimum lot area.
18.51.050 Lot coverage.
The maximum lot area covered by buildings shall not
exceed thirty-five percent.
18.51.060 Yards.
A. Front, rear and side yards shall not total less than
twenty feet.
B. Properties abutting State Route 305 right-of-xvay
shall have a landscaped strip of land at least five
feet wide separating any structure or pavement
from the State Route right-of-way. This
requirement shall not apply to those properties
between Knechtel Way NE and Wallace Way NE.
C. Parking spaces in front yards shall be separated
from street right-of-way by a landscaped strip at
least five feet wide, provided that (1) where the
five feet wide landscape strip would preclude
effective development of the site due to unusual
circumstances or property configuration, an
equivalent amount of landscaped area may be
substituted for the five feet strip if approved
during the project review process and (2) where
the construction of public sidewalks has left a
strip of improved land between the property line
and the sidewalk. the strip of land may be
improved and incorporated as part of the required
five feet wide landscaped strip if approved during
the project review process. Vegetation in the
landscaped strip shall be approved by the planning
agency.
D. For properties that are adjacent to a residential
zone, the requirements for a rear or side yard
along a property line abntting the residential zone
shall be the same as for the adjacent zone.
18.51.070 Building height limitations.
The building height is 35 feet, except that strnctures up
to 45 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18.108, it is demonstrated that (1) view opportunities
are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site;
(4) solar access of neighboring lots is not reduced; and
(5) one foot of setbacks in addition to minimum yard
requirements is provided for each additional foot of
building height allowed.
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Pace 19
February 20, 1992
Chapter 18.54
COMMERCIAL, FERRY TERI~IINAL DISTRICT
Sections:
18.54.010 Purpose.
18.54.020 Permitted uses.
18.54.030 Conditional uses.
18.54.040 Minimum lot area.
18.54.050 Lot coverage.
18.54.060 Yards.
18.54.070 Parking exemption.
18.54.080 Bufiding height limitations.
18.54.010 Purpose.
The purpose of the Commercial Zone, Ferry Terminal
District is to provide:
A. An efficient transportation link for ferry boat,
automobile, public transit, bicycle and pedestrian
traffic serving Winslow, Kitsap County and the
Olympic Peninsula.
B. Automobile parking in support of the
transportation function.
C. An attractive entry point into Winslow that is, as
much as possible, keeping with the city's intimate
character and natural setting.
D. Retail and personal services for residents and
visitors to the city.
18.54.020 Permitted uses.
A. Ferry terminal and associated docks, ramps,
xvalks, footpaths, trails, waiting rooms and holding
areas;
B. Surface and structured parking lots that primarily
serve ferry passengers;
C. The following uses are permitted providing that
parking spaces dedicated to ferry terminal
passengers are also provided in the amount of one
space per three hundred and fifty square feet of lot
area. The number of parking spaces required for
the ferry terminal shall be in addition to the
number of parking spaces required for the
proposed development as specified in Chapter
18.81. If it can be shown that the property in
question cannot accommodate one stall per three
hundred and fifty square feet of lot area on a
single level of surfhce parking, the agency may
reduce the number of parking spaces required
under this provision to the number that can be
accommodated by a single level of surface
parking.
1. Retail sales not requiring outdoor storage;
2. Personal and professional services;
3. Public park and playgrounds;
18.54.030 Conditional uses.
A. Uses that do not meet the criteria of Section
18.54.020(C) shall be considered conditional uses
and shall include:
1. Public and private utility buildings and
structures;
2. Retail sales not requiring outdoor storage;
3. Personal and protessional services;
4. Indoor entertaimnent and amusement;
5. Educational, cultural. governmental,
religious or health care facilities;
6. Public parks and playgrounds;
7. Hotels and motels.
B. The conditional uses listed in Section
18.54.030(A.1-9) shall conform to the following
conditions set by the hearing examiner to meet the
following requirements:
1. That adverse impacts to vehicular or
pedestrian traffic or to the safety of
pedestrians are non-significant or are
satisfactorily mitigated. The hearing
examiner may require that on-site or off-site
traffic improvements be made or set
conditions on location and configuration of
access points and driveways.
2. That adequate parking as detertinned by the
hearing examiner for all on-site uses be
provided. Where the hearing examiner
determines that on-site parking demand
exceeds the spaces required under Chapter
18.81, the hearing examiner may require
that additional spaces be provided on site.
3. That adverse impacts to neighboring
properties, including light, glare, noise,
litter, access and aesthetics are
non-significant or are satisfactorily
mitigated. The hearing examiner may
require yard setbacks, height restrictions or
other conditions to insure that the rights of
adjacent properties are protected.
4. That substantial adverse impacts to aesthetics
be mitigated. The hearing examiner may
require a landscaped strip up to fifteen feet
in width adjacent to public property be
provided and improved in accordance with
Chapter 18.84, Landscaping requirements.
C. Other uses deemed likely to cause a nuisance if
not otherwise controlled.
I8.54.040 Minimum lot area.
There shall be no minimum lot area.
18.54.050 Lot coverage.
A. For uses on lots that also provide parking spaces
dedicated to ferry passengers, the maximum lot
coverage shall be calculated according to the
following formula:
Total lot coverage = 35 % + 65 %
(N/(L.A./350)) Where N = Number of
parking spaces dedicated to terry passengers
and L.A. = Total lot area as measured in
square feet.
B. For uses on lots that do not provide f~rry teHninal
passenger parking, the maximum lot coverage is
thirty-five percent.
18.54.060 Yards.
A. For properties directly adjacent to a residential
zone there shall be a required yard not less than
five feet along the property line abutting the
residential zone. This yard setback shall apply to
Pace 20
February 20. 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
parking structures and surthce parking lots as well
as structures.
18.54.070 Parking exemption.
Businesses catering exclusively to walk-on, walk-off
foot passengers require no parking other than that
required for employees of the business and as required
by Chapter 18.81.
18.54.080 Building height limitations.
The building height is 35 feet, except that structures up
to 45 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18.108, it is demonstrated that (1) view opportunities
are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site;
(4) solar access of neighboring lots is not reduced; and
(5) one tbot of setbacks in addition to minimum yard
requirements is provided for each additional foot of
building height allowed.
Chapter 18.57
COMMERCIAL,
DISTRICT
HIGH SCHOOL ROAD
Sections:
18.57.010 Purpose.
18.57.020 Permitted uses.
18.57.030 Conditional uses.
18.57.040 Minimmn lot area.
18.57.050 Lot coverage.
18.57.060 Yards.
18.57.070 Parking.
18.57.080 Building height limitations.
18.57.010 Purpose.
The purpose of the Commercial Zone, High School
Road District, is to provide retail and personal services
to the residents of the city and the visiting public.
18.57.020 Permitted uses.
A. Retail sales not requiring outdoor storage, except
formula take-out food restaurants;
B. Personal and professional services;
C. Indoor entertainment and amusement;
D. Small appliance repair and similar uses;
E. Cormnercial parking lots in accordance with
Chapter 18.81;
F. Public parks and playgrounds;
I. Educational cultural, governmental, religious, or
health care facilities;
L. Single-family dwellings in existence and being
used as a single-family dwelling prior to the
enactment of this code. Single-hmily zone
regulations shall apply to such single-family
dwellings and shall be applied on a case-by-case
basis;
M. Multifamily residences in accordance with Chapter
18.15, R-8 zone, submitted as a planned unit
development.
N. Hotels aud motels.
O. Bed and breakfast establishments.
P. Child day care centers.
18.57.030 Conditional uses.
A. Public and private utility buildings and structures;
B. Hazardous substance handling incidental to
permitted uses.
C. Other uses deemed likely to cause a nuisance if
not otherwise controlled, except formula take-out
food restaurants are not permitted;
D. Senior citizen housing projects utilizing the bonus
densities set forth in Section 18.12.080, according
to the density regulations of Chapter 18.15.
18.57.040 Minimum lot area.
There shall be no minimum lot area.
18.57.050 Lot coverage.
The maximum lot area covered by buildings shall not
exceed thirty-five percent.
18.57.060 Yards.
A. Front, rear and side yards shall not total less than
twenty feet.
B. For properties that are adjacent to a residential
zone, the requirements for a rear or side yard
along a property line abutting the residential zone
shall be the same as the adjacent zone.
18.57.070 Design criteria.
A. The design criteria as set forth in Appendix I,
attached to the ordinance codified in this chapter,
is adopted and incorporated herein as if fully set
forth and shall apply in the High School Road
district for all development and improvements.
This criteria shall be administered in the same
manner as other provisions of the zoning
ordinance. Such criteria shall not exclude other
design criteria applicable to such zone but the
more restrictive criteria shall take precedence.
B. There shall be a pedestrian sidewalk a minimum
of five feet wide constructed along High School
Road as part of the improvements of any property
in this zone fronting on High School Road.
C. The requirements of A and B of this section may
be partiall.y met by participating in a coordinated
project to improve the public street right-of-way,
upon approval of the agency and other applicable
review procedures.
18.57.080 Building height limitations.
The building height is 35 feet, except that structures up
to 45 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18.108, it is demonstrated that (1) view opportunities
are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site;
(4) solar access of neighboring lots is nc, t reduced; and
(5) one foot of setbacks in addition to minimum yard
requirements is provided for each additional/k~ot of
building height allowed.
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Paee 21
February 20, 1992
Chapter 18.60
COMMERCIAL, LOWER
WATERFRONT DISTRICT
MADISON
Sections:
18.60.010 Purpose.
18.60.020 Permitted uses.
18.60.030 Conditional uses.
18.60.040 Minimum lot area.
18.60.050 Lot coverage.
18.60.060 Yards.
18.60.070 Building height limitations.
18.60.010 Purpose.
The purpose of this Commercial Zone, Lower Madison
waterfront district, is to provide retail and personal
services to the residents of the city and the visiting
public in a pedestrian and water oriented setting. It is
intended that businesses be water or pedestrian related
and that this area provide public access to the
waterfront, preferably including a waterfront trail
system from Wood Avenue across the Madison Avenue
Slough.
18.60.020 Permitted uses.
A. Retail sales not requiring outdoor storage, except
formula take-out food restaurants;
B. Personal and professional services;
C. Indoor entertainment and amusement;
D. Small appliance repair and similar uses;
E. Fishing piers and boardwalks;
F. Marinas;
G. Public parks and playgrounds;
J. Residences in accordance with the provisions of
Chapter 18.15, R-8 zone, submitted as a planned
unit development;
K. Bed and breakfast establishments;
L. Single-family dwellings that were in existence and
being used as a single-family dwelling prior to the
enactment of this code. Single-family zone
regulations shall apply to such single-family
dwellings and shall be applied on a case-by-case
basis.
18.60.030 Conditional uses.
A. Hazardous substance handling
incidental to
permitted uses.
C. Educational, cultural, governmental, religious, or
health care facilities;
D. Public and private utility buildings and structures;
E. Other uses deemed likely to cause a nuisance if
not otherwise controlled, except that formula take-
out foot restaurants are not permitted;
F. Senior citizen housing projects utilizing the bonus
densities set forth in Section 18.12.080, according
to density regulations of Chapter 18.15.
18.60.040 Minimum lot area.
There shall be no minimum lot area.
18.60.050 l,ot coverage.
The maximum lot area covered by buildings shall not
exceed thirty-five percent.
18.60.060 Yards.
A. Front, rear and side yards shall not total less than
twenty feet. Side yards shall be at least five/eet.
B. For properties adjacent to a residential zone, the
requirements for a rear or side yard along a
property line abutting the residential zone shall be
the same as the adjacent zone.
18.60.070 Building height limitations
A. Except as provided in paragraphs B and D,
structures may be up to 25 feet high ~vithin 200
feet of the shorehne and south of the north
boundary of Parflit Way extended to the
shoreline.
B. Proposed structures between 25 and 35 feet hi.oh
within 200 feet of the shoreline and south of t~e
north boundary of Parfitt Way extended to the
shoreline may be allowed as a conditional use if it
is demonstrated that (1) view opportunities are not
substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building
site; (4) solar access of neighboring lots is not
reduced; and (5) one foot of setbacks in addition
to minimum yard requirements is provided for
each additional foot of building height allowed.
C. Except as provided in ara raphs B and D,
structures more than 200 F;et ~ont the shoreline
or north of Parfitt Way extended to the shoreline
are to be no more than 40 feet high.
Structures more than 200 feet from the
shoreline or north of Parfitt Way extended to the
shoreline may be more than 35 fee, t high under a
conditional use permit if it is demonstrated that
(1) view opportunities are not impeded: (2) fire
flow is adequate; (3) no unstable slopes or soils
are on the building site; (4) solar access of
neighboring lots is not reduced; and (5) one tbot
of setbacks in addition to minimum yard
requirements is provided for each additional tbot
of building height allowed.
Chapter 18.63
COMMERCIAL, GATEWAY DISTRICT
Sections:
18.63.010 Purpose.
18.63.020 Permitted uses.
18.63.030 Conditional uses.
18.63.040 Minimum lot area.
18.63.050 Lot coverage.
18.63.060 Yards.
18.63.070 Parking.
18.63.080 Building height limitations.
18.63.010 Purpose.
The purpose of the Commercial zone, Gateway district
is to provide:
A. Retail and personal services to the residents of the
city and the visiting public.
B. The opportunity for small scale production and
commercial enterprises that beneht trom a visible
location, that enhance the economic diversity of
Pace 22
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Barnbridge Island and that do not adversely impact
other activities m this or adjacent zones.
An attractive entry point into Bainbridge Island
that emphasizes the city's intimate character and
natural setting.
18.63.020 Permitted uses.
A. Retail sales not requiring outdoor storage, except
formula take-out food restaurants;
B. Personal and professional services;
C. Indoor entertainment and amusement;
D. Small appliance repair and similar uses.
E. Public parks and playgrounds;
F. Educational, cultural, governmental, religious, or
health care facilities;
18.63.030 Conditional uses.
A. Public and private utility buildings and structures;
B. Hazardous substance handling incidental to
permitted uses.
C. Other uses deemed likely to cause a nuisance if
not otherwise controlled, except that formula take-
out food restaurants are not permitted;
D. Hotels, motels and bed and breakfast
establishments.
E. Agriculture and the processing and production of
commercial goods providing the following
conditions are met:
1. Impacts to environmental conditions including
air quality, noise, visual qualities, traffic,
water run-off, etc., are non-significant or are
satisfactorily mitigated.
2. The City's requirements for utilities and site
improvements are met.
3. All open storage areas are screened from the
view from public property and adjacent
properties.
4. The use incorporates a retail outlet function,
display room, display windows or public
interpretive display as part of the facility.
F. Commercial parking lots.
G. Formula take-out food restaurants are not
permitted.
18.63.040 Minimum lot area.
There shall be no minimum lot area.
18.63.050 Lot coverage.
The maximum lot area covered by buildings shall not
exceed thirty-five percent.
18.63.060 Yards.
A. Front, rear and side yards shall not total less than
twenty feet.
B. For properties that are adjacent to a residential
zone, the requirements for a rear or side yard
along a property line abutting the residential zone
shall be the same as for the adjacent zone.
C. All structures, parking areas and pavements,
except for public pedestrian access trails and
viewing platforms, shall be set back a minimum of
five feet from the top of the slope into Hall
Brothers Creek and Slough or as required under
the environmentally sensitive areas ordinance
codified in Title 16. The top of the slope shall be
defined as the point where the slope directly into
the creek draMage becomes at least twenty percent
-- two vertical feet fall per ten feet horizontal
distance. No structures or pavements exce. pt .for
public pedestrian access trails and vmwmg
platforms shall be built m the area specified above
on ground with an existing slope greater than
twenty percent.
18.63.070 Parking.
In addition to the requirements of Chapter 18.81, the
following shall apply;
A. All parking areas shall be separated from the
public street right-of-way by a landscape strip
with a minimum width of fifteen feet. The plant
materials in the landscape strip shall be as
approved by the agency.
B. Exceptions:
1. Where the development of the fifteen feet
wide landscaped strip would preclude
effective development of the site due to
unusual circumstances or property
configuration, an equivalent amount of
landscaped area may be substituted for the
fifteen feet strip if approved during the
project review process.
2. Where the construction of public sidewalks
has left a strip of unimproved land between
the property line and the sidewalk, the strip
of land may be improved and incorporated
as part of the required fifte~en feet wide
landscaped strip if approved during the
project review process.
18.63.080 Building height limitations.
The building height is 35 feet, except that structures up
to 45 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18,108, it is demonstrated that (1) view opportunities
are not substantially reduced; (2) fire flow is adequate:
(3) no unstable slopes or soils are on the building site:
(4) solar access of neighboring lots is not reduced; (5)
one foot of setbacks in addition to minimum yard
requirements is provided for each additional tbot of
building height allowed.
Chapter 18.66
COMMERCIAL, ISLAND BUSINESS DISTRICT
Sections:
18.66.010 Purpose.
18.66.020 Permitted uses.
18.66.030 Conditional uses.
18.66.040 Lot area.
18.66.050 Lot coverage.
18.66.060 Yards.
18.66.070 Building height limitations.
18.66.080 Minimum lot dimensions.
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Pa_oe 23
February 20, 1992
18.66.010 Purpose.
The purpose of the Commercial Zone, Island Business
District, is to provide commercial and professional
services in a rural environment for the convenience of
nearby residents.
18.66.020 Permitted Uses.
A. Accessory uses and buildings.
B. Agriculture.
C. Bed and breakfast establishments.
D. Child day care centers.
E. Educational cultural, governmental, religious, or
health care facilities.
F. Home occupations.
G. Motion picture theaters, except drive-in theaters.
H. Personal and professional services.
I. Public parks and playgrounds.
J. Public utility buildings and structures.
K. Recycling centers provided that recycling centers
with outdoor storage areas are not permitted unless
the material is screened.
L. Retail sales with building footprints not exceeding
five thousand square feet; provided that formula
take-out food restaurants are not permitted and
businesses with outdoor storage areas are not
permitted except for agricultural produce sales, or
landscaping retail sales, if the material is screened.
18.66.030 Conditional Uses
A. Commercial/residential mixed use developments
provided that the residential units are located
above the ground floor and are at a density not to
exceed that of the most intense residential zone
adjacent to the subject property.
B. Hazardous substances handling incidental to
permitted uses.
C. Private utility buildings and structures.
D. Retail buildings of a footprint greater than 5,000
SF but less than 10,000 SF.
E. Storage facilities provided no outdoor storage is
visible ffona adjoining properties and public rights-
of-way.
18.66.040 Lot area.
No minimum lot area shall be required.
18.66.050 Lot coverage.
The maximum lot area covered by buildings shall not
exceed 35 percent.
18.66.060 Yards.
A. Yards facing streets shall be not less than 20 feet,
measured by the distance from the lot lines,
planned rights-of-way or road easements.
B. Rear and side yards shall not be less than 10 feet
I~om any lot line.
C. For properties adjacent to a residential zone, the
requirements tBr a rear or side yard along a
property line abutting the residential zone shall be
the same as in the adjacent zone and shall be
maintained as a buffer.
18.66.070 Building height limitations.
The building height is 35 feet, except that structures up
to 45 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18.108, it is demonstrated that (1) view opportunities
are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the, building site;
(4) solar access of neighboring lots is not reduced; and
(5) one foot of setbacks in addition to minimum yard
requirements is provided for each additional foot of
building height allowed.
18.66.080 Minimum lot dimensions.
Lots shall have a minimum width and depth of 80 feet.
Chapter 18.69
COMMERCIAL, ISLAND TRADE DISTRICT
Sections:
18.69.010 Purpose.
18.69.020 Permitted uses.
18.69.030 Conditional uses.
18.69.040 Lot area.
18.69.050 Lot coverage.
18.69.060 Yards.
18.69.070 Building height limitations.
18.69.080 Minimum lot dimensions.
18.69.010 Purpose.
The purpose of the Commercial Zone, Island Trade
District is to provide the most intense sort of retail,
commercial and wholesale uses with limited amounts of
light, clean manufacturing and assembly.
18.69.020 Permitted Uses.
A. Accessory uses and buildings.
B. Agriculture.
C. Bed and breakfast establishments.
D. Child day care centers.
E. Educational cultural, governmental, religious, or
health care facilities.
F. Home occupations.
G. Large-scale wholesale uses, such as beer and soft
drink distributors, warehouses and storag~ yards.
H. Personal and professional services.
I. Public parks and playgrounds.
J. Public utility buildings and structures.
K. Recycling centers, provided that recycling
centers with outdoor storage areas are not
permitted unless the material is screened.
L. Retail sales; provided that formula take-out food
restaurants are not permitted and l:,usinesses with
outdoor storage areas are not pern'ntted except for
agricultural produce sales, landscaping retail sales,
if the material is screened.
M. Small-scale assembly, processing and
manufacturing, such as auto repair, machine
shops, wood shops, and electronic parts assembly.
18.69.030 Conditional Uses
A. Connnercial/residential mixed use developments
provided the residential units are located above
Paue 24
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
the ground floor and are at a density not to exceed
that of the most intense residential zone adjacent to
the subject property.
Hazardous substances handling incidental to
permitted uses.
Private utility buildings and structures.
Storage facilities provided no outdoor storage is
visible from adjoining properties and public rights-
of-way.
18.69.040 Lot area.
The tninimum lot area shall be 20,000 square feet.
18.69.050 Lot coverage.
The maximum lot area covered by buildings shall not
exceed 35 percent.
18.69.060 Yards.
A. Front yards, rear yards and side yards shall not be
less than 50 feet from any street, planned right-of-
way or road easement and shall be maintained as
a buffer.
B. Side and rear yards adjacent to residential zones
shall be not less than 40 feet and be maintained as
a buft~r.
C. Side yards adjacent to another ITD-zoned property
shall be not less than 10 feet from any lot line.
D. Rear yards adjacent to another ITD-zoned property
shall be not less than 15 t~et from any lot line.
18.69.070 Building height limitations.
The building height is 35 t~et, except that structures up
to 45 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18.108, it is demonstrated that (1) view opportunities
are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site;
(4) solar access of neighboring lots is not reduced; (5)
one foot of setbacks in addition to minimum yard
requiretnents is provided tbr each additional foot of
building height allowed.
18.69.080 Minimum lot dimensions.
Lots shall have a minimum width and depth of 80 t~et.
Chapter 18.72
LIGHT MANUFACTURING
Sections:
18.72.010
18.72.020
18.72.030
18.72.040
18.72.050
18.72.060
18.72.070
18.72.080
18.72.090
Purpose.
Permitted uses.
Conditional uses.
Lot area.
Lot coverage.
Yards.
Building height limitations.
Minimum lot dimensions.
Regulations for commercial uses.
18.72.010 Purpose
The purpose of the light manufitcturing zone is to permit
research, testing and warehousing of products and the
fabrication, assembly and processing of products in a
manner and means characterized as light industry.
Required buffers shall maintain the character of the
surrounding residential and natural environment.
18.72.020
A.
B.
C.
D.
Permitted uses.
Accessory buildings and uses.
Business and professional offices.
Commercial indoor storage facilities.
Educational, cultural, govemmenhd, religious or
health care facilities.
E. Fabrication, manufacture, assembly, processing
and packaging of products except:
1. production of cement, lime, acids or caustic
solutions;
2. rendering plants;
3. petroleum or coal refining;
4. pulp and paper processing;
4. mills for forest products;
6. steel mills, foundries and smelting plants;
7. asphalt and concrete batch plants and rock
crushing;
8. heavy industrial uses.
F. Research, development and testing laboratories.
G. Retail sales of goods only for use by employees
on the subject site and ad. jacent LNI or industrial
zones; provided that no advertisement outside of
the individual businesses is allowed.
H. Wholesale sales and product distribution centers.
I. Any business that, prior to the effective date of
this ordinance, has engaged in incidental retail
sales of items manufactured on site may continue
but may may not substantially increase usch
incidental retail sales as a non-conforming
permitted use.
18.72.030 Conditional uses.
A. On-site treatment and
storage of hazardous
substances.
B. Outdoor storage.
C. Public and private utility buildings and structures.
D. Retail sales of items manufactured on site;
provided that not more than two such sales shall
be allowed each calendar year, each sales event
shall last not more than two consecutive days, and
cumulative effects of area businesses conducting
similar sales shall be considered by the hearing
examiner.
E. Warehouses, commercial movin..,~ and freight
terminals.
F. Other uses deemed likely to cause., a nuisance if
not otherwise controlled, except that tbrmula
take-out food restaurants are not permitted.
18.72.040 Lot area.
The minimum lot area is 20,000 square feet.
18.72.050 Lot coverage.
Lot coverage shall not exceed 35 percent.
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Page 25
February 20, 1992
18.72.060
A.
Front yards, rear yards and side yards shall not be
less than 100 feet from an arterial or planned
right-of-way for an arterial.
B. Side and rear yards adjacent to residential zones
shall be no less than 40 feet and be maintained as
a buffer. The city may increase this to a maximum
of 100 feet depending on the type, scale and
intensity of the use.
C. Side yards adjacent to another LM-zoned property
shall be no less than 10 feet from the lot line.
D. Rear yards adjacent to another LM-zoned property
shall be no less than 15 feet from the lot line.
18.72.070 Building height limitations.
The building height is 35 feet, except that structures up
to 45 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18. 108, it is demonstrated that (1) view opportunities
are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site;
(4) solar access of neighboring lots is not reduced; and
(5) one tbot of setbacks in addition to minimum yard
requirements is provided fbr each additional foot of
building height allowed.
18.72.080 Minimum lot di~nensions.
Lots shall have a minimum width and depth of 110 feet.
18.72.090 Regulations ~}r uses.
A. No activity or use shall be permitted or conducted
in a manner that produces smoke, dust, odors,
vibration, noise, heat or light beyond the subject
property.
B. No on-street parking is permitted.
C. The primary means of vehicular access shall not
be via a street or easement that primarily serves or
goes through a residential area.
D. Areas devoted to parking and outside storage shall
be subject to the provisions of parking standards.
Required yards are not considered as part of
required landscaping for parking or outside
storage.
E. Signs shall be limited to one freestanding ground
sign using a hidden light source, one hcade sign,
plus tenant identification signs, which shall all
contbrm to Chapter 15.08, Signs.
F. New developments and additions will provide open
space amenities fbr use by employees.
G. If sharing access drives with an existing facility is
possible, no new curb cuts shall be allowed onto
public roadways.
H. Businesses which engage in Research,
development, testing or manufacturing in which
~norgamc che~nicals. biological materials or
viruses are a principal component, must provide
for systems that remove waste by a suitably
licensed and authorized waste removal firm.
Chapter 18.75
INDUSTRIAL ZONE
Sections:
18.75.010 Purpose.
18.75.020 Permitted uses.
18.75.030 Conditional uses.
18.75.040 Minimum lot area.
18.75.050 Maximum lot coverage.
18.75.060 Yards.
18.75.070 Building height limitations.
18.75.080 Minimum lot dimensions.
18.75.090 Regulations for use.
~78h'e75p'u0~0o ePuorfP~}l~ee'in ustrial zone
s d is to provide areas
for the development of commercial and industrial
facilities, protect the uses of adjoining zones, and
protect the natural environment from potential air,
water, noise, visual or other forms of pollution.
18.75.020 Permitted uses.
A. Commercial uses, including wholesale and retail
not requiring outdoor storage, except formula
take-out food restaurants; provided the uses are
within 1,000 feet of the ferry terminal.
C. Commercial parking lots in accordance with
Chapter 18.81, Parking regulations.
D. Indoor entertainment and amusemc:nt thcilities:
E. Educational, cultural, governmental, religious or
health care facilities;
F. Agriculture, including agricultural processing;
I. Accessory buildings and uses;
J. Permitted uses in industrial zones that are subject
to the Shorelines Management Act and shall
include marine-oriented commercial uses
including:
1. Pleasure and commercial vessel moorage,
2. Haul out facilities,
3. Marine ways,
4. Ferry terminal, slips and repair
facilities,
5. Barge moorage and off-load slips,
6. Marine sales and repair facilities,
7. Boat building and dry storage for
boats and marine equipment,
8. Bulk head and dock construction,
9. Outdoor storage for the above uses.
18.75.030 Conditional uses.
A. All manufacturing uses;
B. Outdoor storage;
A. Public and private utility buildings;
D. Any use deemed likely to cause a nuisance if not
otherwise controlled;
E. Formula take-out food restaurants arc not
permitted;
F. Off-site treatment and storage of hazardous
substances;
G. Public parks and playgrounds.
18.75.040 Minimum lot area.
The minimum lot area shall be 20,000 square t~et.
Pace 26
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
18.75.050 Maximum lot coverage.
The maximum lot coverage by buildings shall not
exceed fifty percent.
18.75.060 Yards.
A. When properties are adjacent to commercial or
light manufacturing zones, a 10-foot buffer shall
be required along property lines.
B. For properties which are adjacent to a residential
zone, a minimum of a 40 tbot buffer shall be
provided. This yard setback shall apply to parking
structures and surface parking lots as well as
structures.
18.75.070 Building height limitations.
The building height is 35 feet, except that structures up
to 45 feet may be allowed under a Conditional Use
Permit if, in addition to the requirements of Chapter
18.108, it is demonstrated that (1) view opportunities
are not substantially reduced; (2) fire flow is adequate;
(3) no unstable slopes or soils are on the building site;
(4) solar access of neighboring lots is not reduced: and
(5) one/hot of setbacks in addition to minimum yard
requirements is provided/br each additional foot of
building height allowed.
18.75.080 Minimum lot dimensions.
Lots shall have a no minimum width or depth.
18.75.090 Regulations tier use.
A. No on-street parking is permitted.
B. Areas devoted to parking and outside storage shall
be subject to the provisions of parking standards.
Required yards are not considered part of required
landscaping for parking or outside storage.
C. Lightin.g shall not inter/~re with adjacent
properties.
D. S.igns shall be limited to one treestanding ground
s~gn using a hidden light source or one facade
s~gn.
If sharing access drives with an existing facility is
possible, no new curb cuts shall be allowed onto
public roadways.
E,
Chapter 18.78
GENERAL REGULATIONS
Sections:
18.78.010 Accessory buildings.
18.78.020 Exceptions to yard regulations.
18.78.030 Sight clearance.
18.78.040 Utdities.
18.78.050 Unsightly structures.
18.78.060 Shoreline structure setback line.
18.78.070 Construction living quarters.
18.78.010 Accessory buildings.
In through lots, setbacks tbr accessory buildings in rear
yards shall conform to the front yard setback
requirements for a principal building. Decks less than
thirty-six inches in height extending into required rear
and side yards may be attached to the principal building.
18.78.020 Exceptions to yard regulations.
A. Fences up to six feet high may be located in any
required yard space, except as provided in
sections 18.78.030 and 18.78.060(B). Fences in
excess of six feet that do not reduce view
opportunities of adjacent home owners may be
erected upon the issuance of a building permit.
Height shall be measured from finished grade at
the exterior side of the fence. No person may
construct a berm upon which to build a fence
unless the total height of the berm plus the fence
does not exceed the maximum height allowable
for the fence if the berm were not present.
B. Chimneys and flues may intrude into required
yards up to 18 inches.
C. Open steps and porches may intrude into requires
yards up to two feet.
D. Signs shall conform to Chapter 15.08 and may by
placed in required yard space.
18.78.030 Sight clearance.
No sight-obscuring fence or hedge over ti~rty-two inches
higher than the grade of adjacent streets shall be
permitted on comer lots in the yard area formed by a
line from the lot coruer at the street intersection along
the front yard line fifteen feet and side yard line fifteen
feet and a line connecting the two lot lines at the point
fifieen feet from the intersection coruer.
18.78.040 Utilities.
Overhead and underground utilities are pertrotted in
yards.
18.78.050 Lighting.
All light sources shall be hooded or shielded so the lamp
is not visible from adjacent properties or public rights-
of-way.
18.78.060 Shoreline structure setback line
All principal buildings shall be so located as to maintain
the minimum shoreline structure setback line.
A. The shoreline structure setback line shall be
determined as follows:
1. No adjacent principal buildh~gs. Where no
adjacent principal buildings are adjacent to a
proposed structure, the Shoreline Structure
Setback Line shall be that setback as
specified in the underlying zone. (See
diagram A. )
2. Adjacent princiDal buildin~ on one side.
Where an adjacent principal building is on
one side, the Shoreline Structure Setback
Line shall be a distance no ]t:ss than that of
the adjacent principal budding to the
shoreline or that setback specified m the
underlying zone, whichever is greater. (See
diagram B.)
3. Adjacent principal bulldines on both sides on
a regular shoreline. Where adjacent
principal buildings are on both sides of the
proposed structure on a regular shoreline,
the Shoreline Structure Setback Line shall be
determined by a line drawn between the
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Pace 27
February 20, 1992
building line of the adjacent principal buildings
or that setback specified by the underlying
zone, whichever is greater. (See diagram C.)
4. Adjacent principal buildings on both sides on
a irregular shoreline. Where adjacent principal
structures are on both sides of the proposed
structure on a shoreline forming a cove or
peninsula, the shoreline structure setback line
shall be determined by averaging the setback
lines of the two adjacent principal buildings or
the setback specified in the underlying zone,
whichever is greater. (See diagrams D & E.)
B. Accessory structures, such as fences, may be
situated within the shoreline setback area, provided
that they do not substantially obstruct the view of
adjacent principal buildings.
18.78.070 Construction living quarters.
A manufactured home or recreational vehicle for use by
an owner or builder during construction of a dwelling
unit on a lot may be situated on the same lot subject to
the following limitations:
A. A building permit for the dwelling nnit must be
issued and valid;
B. The manufactured home or recreational vehicle
must not be permanently affixed to the lot;
C. Potable water and sanitation facilities must be
available on the site:
D. App~-oval from the department must be obtained in
wrmng authorizing such construction living
quarters; provided that approval shall be granted
for one year, which may be extended for a six
month period if substantial progress is made on the
construction of the principal dwelling unit; and
The mobile home or recreational vehicle must
meet yard requirements for the zone in which it is
situated.
Pace 28
February20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-O8
E661 'OE
g0-Z:(g/HDNVNICI~[O 9NINOZ CINV]SI HDQIaaNIVa dO X,LID
V IAfVaOVIG
DIAGRAM B
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Pa~e 30
February 20. 1992
DIAGRAM C
o .,.C D ,t.A.,,,4 ,t y
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE g92-08
Paue 31
February 20, 1992
DIAGRAM D
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CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE//92-08
Pao~e 32
February 20, 1992
DIAGRAM E
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I
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CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
pa_oe 33
February 20, 1992
Chapter 18.81
PARKING AND ACCESS REQUIREMENTS
Sections:
18.81.010 Purpose.
18.81.020 General requirements.
18.81.030 Spaces required.
18.81.040 Reductions allowed.
18.81.050 Location of spaces.
18.81.060 Joint use.
18.81.070 Design standards.
18.81.080 Circulation and walkways in
multifamily and non-residential
development.
18.81.090 Grades.
18.81.100 Setback requirements.
18.81.110 Landscape requirements.
18.81.120 Screening.
18.81.130 Parking lot lighting for multifamily
and non-residential developments.
18.81.140 Bicycle facilities for multifamily and
non-residential developments.
18.81.010 Purpose.
The purpose of this chapter is to provide fi~r safe,
efficient and well-designed access and parking while
minimizing the environmental impact of motor vehicle
facilities.
18.81.020
A.
General Requirements.
Driveways, parking, and walkways shall
accommodate pedestrians, motor vehicles and
bicycles used by occupants or visitors of a
structure or use. Location is subject to review of
the planning and engineering departments.
B. No building permit shall be issued until the
applicant has subtrotted satisfactory plans
demonstrating that required parking ti~cilities will
be provided and maintained. These plans must be
approved by the city in conjunction with a permit
review process or stamped approved and signed by
the city engineer.
C. Unless authorized by a conditional use permit or
this title, the use of property in a residential zone
for commercial parking is prohibited.
D. Parking lots may be gravel if (1) the parking lot
contains less than 10,000 square t~et, or (2) the
parking lot has less than a 5 percent slope. All
driveways and other parking areas except those
serving smgle-farmly residences, shall be hard
surfaced with permanent matedais such as asphalt,
concrete or unit pavers, and shall be designed to
dispose of surface water, and pollutants from
motor vehicles as provided in the city's code.
E. Unless approved by the City, only a single access
to public right-of-way is allowed for an individual
lot. Joint use of required access ways may be
required at the discretion of the city.
F. With the exception of single family and duplex
buildings on individual lots, access and parking
spaces shall be designed so that no backing
movement by a vehicle shall be allowed onto a
public right-of-way.
G. No parking space may block access to other
parking spaces unless tandem parking has been
approved for a single residence or individual
dwelling units of a multifamily structure.
18.81.030 Spaces required.
A. All parking lots shall comply with the minimum
requirements for handicapped persons parking
spaces, as required by the Washington State
regulations related to barrier-free titcilities.
B. Parking lots exceeding the number of spaces
required by this section are not allowed unless
approved by the agency.
C. In determining the number of parking spaces
required by this section, all fractions shall be
rounded up to the nearest whole number.
D. Two spaces for each permanent dwelling unit are
required; provided that each dwelling unit
situated above a commercial use in commercial
zones shall require one parking space, and an
accessory dwelling unit shall require one parking
space.
E. For retail, commercial and personal services in a
building with less than one thousand square feet of
floor area, two spaces for each employee shall be
provided.
F. For retail, commercial and personal services in a
building with one thousand square feet of floor
area or more, four spaces per one thousand square
feet shall be provided.
G. Industry and light manufacturing uses shall require
one stall for each employee plus one stall for each
250 feet of office space.
H. For places of public accommodation serving food
and beverage, one space for each four occupants
as detenmned by the department shall be
provided.
I. For motels/hotels, and bed and breakfasts, one
space is required for each sleeping room.
J. For places of assembly, including auditoriums,
theaters and banquet rooms, 10 spaces for each
1,000 SF of floor area or one space for each four
fixed seats is required.
K. For educational, governmental, health care and
recreational facilities, the number of spaces must
be adequate to accommodate the peak shift as
determined by the department.
L. Child day care centers shall require one stall for
each on-duty shift employee plus; one stall tbr
each 12 children served by the facility. Capacity
is determined by state license requirements.
M. For other uses or special cases, parking
requirements shall be established by the director.
For determination by the director, the applicant
shall supply (1) documentation regarding actual
parking demand for the proposed use, or (2)
technical studies relating the parking need ~br the
proposed use, or (3) required parking for the
proposed use as determined by other comparable
jurisdictions.
Pa~e 34
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
18.81.040 Reductions allowed.
Residential parking requirements may be reduced by 50
percent for dwelling units located within a one-half n'~le
radius and 25 percent for dwelling units located within
a mile radius of any ferry terminal providing scheduled
service to Seattle. This provision may not be used in
conjunction with senior housing or other parking
reduction arrangements.
18.81.050 Location of spaces.
A. Parking spaces serving dwelling units shall be
located on the same lot with the building they
serve, or, if approved by the director, within 200
feet of dwelling unit if consolidated with other
spaces on a remote lot.
B. Parking spaces serving non-residential uses may be
consolidated in a remote location as permitted by
this title or as approved by the planning agency.
18.81.060 Joint use.
The required parking for two or more complementary
uses may be reduced up to ~fiy percent when provided
by a common parking lot. The reduction shall be
authorized by the issuance of a conditional use penrot.
18.81.070 Design standards.
A. Parking lots shall be designed according to the
chart below. Space depth shall be measured
exclusive of access drives and aisles, and car
overhangs. Small car spaces may total no more
than thirty percent of the required number.
B. Parking lots shall have direct access to a street or
road easement and shall provide unobstructed
access driveways exclusive of the required parking
areas.
Multi family and non-residential developments shall
use access standards as shown in the chart below.
Where possible, single family residences shall
share access drives.
Access drive widths for single farrely residences
shall be determined by the city engineer or fire
marshall.
CITY OF 'BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Pa~e 35
February 20, 1992
Parking chart and diagram
18.81.070
A B C D Isle
Parking Curb Stall Stall Width Direction
Angle Length Width Depth (Paved Surface) of Travel
45~ 10.5 7.5 17 ll one-way
45~ 12.0 8.5 17.5 13 one-way
45° 12.7 9 17.5 12 one-way
45~ 10.5 7.5 17 20 two-way
45° 12.0 8.5 17.5 24 two-way
45· 12.7 9 17.5 22 two-way
60° 8.7 7.5 17 14 one-way
60° 9.8 8.5 19 18 one-way
60" 10.4 9 19 16 one-way
60· 8.7 7.5 17.7 20 two-way
60° 9.8 8.5 19 24 two-way
60~ 10.4 9 19 22 two-way
75~ 7.8 7.5 17.3 17.4 one-way
75~ 8.3 8.5 19.5 25 one-way
75° 9.3 9 19.5 23 one-way
75 ~ 7.8 7.5 17.3 20 two-way
75 · 8.3 8.5 19.5 24 two-way
75° 9.3 9 19.5 22 two-way
90 o 7.8 7.5 16 20 two-way
90· 8.3 8.5 18.5 24 two-way
90° 9.3 9 18.5 22 two-way
\
Pa,,,e 36
Februarv 20, 1992
CITY OF BAINBRIDGE ISLAND ZON1NG ORDINANCE #92-08
18.81.080 Circulationandwalkwaysinmultifamily
and non-residential development.
A. Parking lots and driveways shall provide well-
defined, safe and efficient circulation for motor
vehicles, bicycles and pedestrians.
B. Landscaped islands with raised curbs shall be used
to define entrances from ublic rights-of-way,
deCree pedestrian walkways From the public rights-
of-way to all buildings, define ends of parking
aisles and indicate the pattern of circulation.
C. Pedestrian waHonays shall be provided around
buildings to the extent necessary to assure safe
access to the building from parking areas and the
public right-of-way. Where appropriate, as
determined by the approving body, pedestrian
walkways may be required to assure safe access to
adjacent properties.
D. Internal walkways shall be surfaced with non-skid
hard surfaces, meet accessibility requirements and
be designed to provide a minimum of five feet of
unobstructed width. Where walkways cross
vehicular driving lanes, the walkways shall be
constructed of contrasting materials or with
maintained painted markings. Walkways shall be
curbed and raised six inches above adjacent
vehicular surface grade, except where the
walkway crosses vehicular driving lanes or are
required to meet accessibility standards.
18.81.090 Grades.
Where parking spaces are designated, grades shall not
exceed six percent. Driveways and driving lanes
between separate groups of parking shall not exceed
fourteen percent. Parking areas on sloping lots shall be
laid out so that parked cars lie perpendicular to the
slope. Where existing grades on prop.erty proposed for
a parking lot exceed 10 percent, the c~ty may require a
topographic survey to show existing and proposed
grades.
18.81.100
A.
Bo
Setback requirements.
All parking spaces and driving aisles serving
adjacent parking spaces, except those serving
single family residences, shall not be located
within required front, rear or side yards.
The city may approve reductions of up to fifty
percent of the setback requirements and the limits
on contiguous stalls if major trees are saved and
incorporated in the design of circulation and
parking.
18.81.110
A.
Bo
Landscaping requirements.
All yards adjacent to parking shall be landscaped
in accordance with Chapter 18.84.
Within the perimeter or' a parking lot, defined as
the area with a line drawn around the outer limit
of all parking stalls, a minimum of ten percent of
the area shall be landscaped in accordance with
Chapter 18.84. A landscaped area shall be at least
one hundred square t~et with a minimum
dimension of five t~et to satist~ the area
requirement. Landscaped areas shall be
distributed throughout a parking lot so that all
parking stalls are located within forty five t~et of
a landscaped area. No more than twelve
contiguous parking stalls shall be allowed.
18.81.120 Screening.
When a parking lot or vehicular circulation abuts side or
rear yards, except when serving only single family
residences, a sight obscurmg fence or vegetation barrier
shall be installed within adjacent yards. Fences shall be
at least five but not more than six feet in height, and
may be planted with climbing ivy or other evergreen
vine. In commercial zones, this requirement may be
waived by the agency upon written agreement from
adjoining property owners,
18.81.130 Lighting for multifamily and non-
residential developments.
Driveways and parking lots may be provided with
lighting that is mounted on poles or building surfaces
with lamp position not exceeding twenty feet in height.
All light sources shall be hooded or shielded so that the
!amp is not visible from adjacent properties or public
right of ways.
18.81.140 Bicycle facilities for multifamily and non-
residential developments.
All parking facilities, except those serving single family
residences, shall contain bicycle parking t~tcilities that
allow secure locking of both the frame and wheels of a
bicycle. One bicycle space shall be provided for every
three parking spaces with a mininmm of five spaces
provided for each parking lot.
Chapter 18.84
OPEN SPACE & PLANTING REQUIREMENTS
Sections:
18.84.010
18.84.020
18.84.030
18.84.040
18.84.050
18.84.060
18.84.070
18.84.080
18.84.090
18.84.100
18.84.110
18.84.120
Purpose.
Applicability.
Required in ormation.
General Requirements -- Open Space
and Planting.
Site Design Requirements --
Preserving Existing Vegetation.
Site Design Requirements --
Alternative Options.
Site Design Requirements --
Adjacent Uses.
Site Design Requirements -- Off-
street parking areas.
Site Design Requirements -- Public
Rights-of-Way.
Maintenance Requirements.
Bonds.
Dedication.
18.84.010 Purpose.
The purpose of this chapter is to provide standards to
encourage the conservation and enhancement of the
visual and environmental quality of open space within
Bainbridge Island's built environment; to promote the
retention and protection of the island's existing
vegetation; and to mitigate the impacts of new
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Pace 37
February 20, 1992
development on drainage systems, habitat, near-by
single-family residences, and adjacent public rights-of-
way by:
A. Retaining existing vegetation and significant trees
and stands of trees through ti~ndamentally sound
site planning;
B. Providing visual screens and/or buft~rs between
differing land uses;
C. Providing visual relief from large expanses of off-
street parking and the reduction of perceived
building scale; and
Providing increased areas of permeable surfaces to
allow for:
1) Infiltration of surface water into the ground;
2) Reduction in the quantity of storm water;
3) Improvement in the quality of the storm water
discharge.
Do
18.84.020 Applicability.
All new development, except owner-occupied single-
family dwellings, shall be subject to the provisions of
this chapter. All new divisions of land and all
development requiring a conditional use permit may be
required to exceed these requirements, as determined
during the applicable review process.
18.84.030 Required Information.
All developments, as described in Section 18.84.020,
shall submit the following information at the time of
permit application:
A. General.
1) All required Open Spaces & Planting plans
shall be clearly legible with a title that
includes the project name, owner's name,
designer's name, date and scale. All items
shall be labeled, and north shall be oriented
towards the top or left of the plan.
2) The preparation of drawings by a licensed
landscape architect, horticulturist or nursery
person is encouraged.
B. Site Context Plan.
A Site Context Plan showing the site in relation to
all land uses and environmental features within 1/2
mile of the subject property. These t~atures shall
include, but are not limited to, the quantitative and
qualitative delineation of the tollowing:
1) Public Rights-of Way and property, street
lighting and public street trees;
2) Land uses with associated structures, access,
parking and vegetation areas;
3) Topography at no more than 5'0" contour
intervals;
4) Perennial streams, wetlands and drainage
ways;
5)Utility rights-of-way and easements;
6) Trail systems and designated parcels of open
space;
7) Critical and Resource areas. and stands of
trees containing five or more trees, 10 inches
or more in diameter inn areas less than one
half acre;
Co
8) Completion dates of all adjacent clearing,
grading and/or construction within the last
three years.
Open Space and Plantine Plan.
An Open Space and Planting Plan at a scale of no
less than 1 "= 10'0" showing the proposed project
in relation to all land uses and environmental
features within 200 lineal feet of the subject
property. These features shall be the same as
those listed above. The proposed (2)pen Space and
Planting Plan shall show the following:
1) Property Lines, easement and setbacks with
the subject property;
2) Existing and proposed grades;
3) All proposed new construction and new
planting;
4) All areas of existing vegetation and all
significant trees on site, labeled with the
following information; and
5) A plant list for all proposed new planting
delineating quantities, scientific and common
names and sizes:
a) names of plants are to follow current
edition of the Hortus Third, A concise
dictionary of plants cultivated int he
US and Canada; and
b) sizes of plants are to follow the current
edition of the American Standard for
Nursery Stock, American Association
of Nurseryman:
6) Construction notes specifying the following:
a) Tree Protection strategies:
b) Vegetation clearing strategies;
c) Topsoil/duff protection and reuse
strategies;
d) Native soil amendment strategies;
e) Planting times and limits to
construction;
f) Irrigation strategy.
18.84.040 General Requirements: Open Space and
Planting.
A. Standards.
1) Soil preparation shall maximize the reuse
and amendment of existing soils.
2) New Plant Material shall conform to the
current standards as published by the AAN
and be selected for sunu'ner drought
tolerance and emphasize indigenous species.
3) Deciduous trees shall be a rmnimum of two
inches in diameter measured six inches
above the top of the root ball.
4) Evergreen trees shall be a minimum of six
to eight feet, average height.
5) Mulch shall be provided at a depth of fi~ur
inches to conserve soil moisture.
6) Irrigation systems are encouraged to be
establishment systems designed to operate
for the first three growing seasons.
7) Vegetation to be retained shall be protected
by six fBot high, chain link fence set a
minimum of two f~et beyond the drip-line of
Pa~:e 38
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
the trees and the edge of the other vegetation
to be saved.
Planting Types.
1) Type I.
a) Purpose.
Full screen planting that functions as a
dense visual barrier to significantly
separate uses and provide for habitat
corridors.
b) Planting shall consist of:
i) A mix of primarily evergreen trees
and shrubs placed to form a
continuous screen;
ii) at least 70% by quantity evergreen
trees;
iii) Evergreen trees spaced no more than
15 feet on center;
iv) Deciduous trees spaced no more than
20 feet on center;
v) Shrubs, a minimum of 3 1/2 feet
high, that achieve a height of six feet
within three years, spaced no more
than four f~et on center; and
vi) Ground cover that achieves 100
percent coverage within three years in
the areas designated for ground cover.
2) Type II.
a) Purpose.
Filtered screen planting that functions as
a visual separator and habitat corridor.
b) Planting shall consist of:
i) A mix of primarily evergreen and
deciduous trees and shrubs spaced to
create a filtered screen;
ii) At least 30% by quantity evergreen
trees and 50 % by quantity deciduous
trees;
iii) Evergreen trees spaced no more than
15 feet on center;
iv) Deciduous trees spaced no more than
20 feet on center;
v) Shrubs, a minimum of 3 1/2 feet
high, that achieve a height of six feet
within three years, space no more
than five feet on center; and
vi) Ground cover that achieves 100
percent coverage within three years in
the areas designated for ground cover.
3) Type III.
a) Purpose.
See-through planting that functions as a
partial visual separator of uses from
streets, between compatible uses and as a
habitat corridor.
b) Planting shall consist of:
i) Canopy-type deciduous or broadleaf
evergreen trees,
ii) At least 70% of new trees shall be
deciduous;
iii) Shrubs, a minimum of 2 1/2 f~et
high, that do not exceed a height of
fbur feet at maturity, space no more
than five feet on center: and
Type IV.
a)
iv)
Ground cover that achieves 100
percent coverage within three
years in the areas designated for
ground cover.
Purpose.
Planting that provides shade and visual
relief where clear site lines are
desired.
b) Planting shall consist of-'
i) Canopy-type deciduous or
broadleaf evergreen trees,
ii) At least 70 percent of new trees
shall be deciduous;
iii) Shrubs, a minimum of 2.5 feet
high, that do not exceed a height
of four feet at maturity, spaced
no more than five feet on center;
and
iv) Ground cover that achieves 10
percent coverage within three
years in the areas designated for
ground cover.
c) Species choices tbr street trees shall be
governed by the current approved
street tree list of the Seattle Arborist.
C. The planting may be required to be backed up by
a site obscuring fence if the City determines that
planting will not provide necessary screening.
18.84.050 Site Design Requirements: Preserving
existing vegetation.
A. Perimeter Setback/Buffer areas:
All healthy vegetation and existing trees ten inches
and over in diameter measured at four feet above
grade within the designated setback and buffer
areas shall be preserved except in those areas
devoted to required access and sight distance
safety requirements. To insure the preservation of
such trees, a no construction zone shall be
provided to protect the existing root mass of the
trees. The extent of this zone shall coincide with
the outer edge of the dripline of the largest tree.
B. Site Interior:
In areas other than the required setback/buffer
area, the applicant is encouraged to retain at least
15 % of the significant trees existing in the area.
Special attention shall be given to the fbllowing:
1) The preservation of healthy trees over 60
feet in height;
2) The preservation of stands of trees that fbrm
a continuous canopy;
3) The preservation of trees which contribute to
the character of the environment and do not
present a safety hazard;
4) The preservation of stands of trees which
create a distinctive skyline feature;
5) The preservation of trees in areas of steep
slopes or adjacent to sensitive areas or
resource lands.
C. Unauthorized removal of vegetation.
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Page 39
February 20, 1992
If the unauthorized removal of vegetation occurs,
an equal amount of comparable vegetation,
including replacement of trees with an equal
amount of cross-section area shall be planted, or,
at the City's option, a fee equal to three times the
value of the trees, as determined by the current
standards of the International Society of
Arboriculture, shall be paid to the City.
1) All permits in force on the subject property or
adjacent property if the unauthorized removal
is in public right-of-way shall be suspended
and no new permits issued until the vegetation
has been replaced or fees paid.
2) The City may require a bond, of an amount
determined by the City to be sufficient to
guarantee the maintenance or replacement of
the existing and new vegetation, prior to the
reactivation of any permits.
18.84.060 Site Design Requirements: Alternative
Options.
Where significant trees with the designated setbacks can
not be preserved because undue restrictions are placed
upon the use of the property, such trees may be
removed and replaced by new trees in addition to the
planting required by Section 18.84.070 through
18.84.090. The replacement rate for such removal shall
be one and one half inches of diameter, measured six
inches above the root ball, for each one inch of
diameter, measured six inches above the root ball of
tree removed. No new tree shall measure less than
three inches in diameter, measured six inches above the
root ball.
18.84.070 Site Design Requirements: Adjacent Uses.
If the setbacks and buffers are !eft in a natural state,
subject to review and approval by the City, required
planting standards may be waived, except where Type I
plantings are required.
A. For LM and Industrial zones, yards adjacent to
residential uses or zones shall be planted to Type
I standards.
B. For Industrial zones, yards adjacent to commercial
uses or zones shall be planted to Type II
standards.
C. For all Commercial zones, yards adjacent to
residential uses or zones shall be planted to type Ii
standards.
D. For Multifamily uses or zones, yards adjacent to
single family shall be planted to Type II standards.
F. For all uses, yards adjacent to agricultural uses
shall be planted to Type II standards.
18.84.080 Site Design Requirements: Off Street
Parking Areas.
Type IV planting shall be provided with off-street
parking area with ten or more parking spaces as
follows:
A. New trees shall be provided and distributed within
the parking area at a rate of one tree tbr every live
parking stalls;
B. Permanent curbs or structural barriers shall be
provided to protect trees from vehicle overhangs.
18.84.090 Site Design Requirements: Public Rights-
of-Way.
A. Right-of-Way in zones R-2, R-1 and R-0.4 shall
remain in a natural state;
B. Right-of-Way in all other residential zones may be
planted to Type IV standards or left in a natural
state;
C. Right-of-Way in all commercial zones may be
planted to type III standards or left in a natural
state;
D. Right-of-Way in Industrial and LM zones shall be
planted to Type II standards.
18.84.100 Maintenance Requirements.
A. The maintenance of the subject property
vegetation shall follow current best management
practices and shall include all watering, weeding,
cultivating and pruning necessary to keep the plant
materials in a healthy state and to maintain public
safety.
B. The Owner of the subject property shall schedule
with the City a site review of the project three
years from the issuance of the Certificate of
iDccupancy. The purpose of the; review is to
verit3~ conformance with the planting standards
and the condition of open space. The City shall
notify the Owner within 30 days of the site visit
of any conditions that must be brought into
compliance with this chapter.
C. All repair or replacement of vegetation shall be in
accordance with this chapter and best management
practices as determined by the City within 60 days
of written notification to owner.
D. The Owner shall post a bond, in an amount
determined by the City, if the Owner determines
that the time of year is inappropriate to replant.
The Owner, then has one year from the site
review date to bring the property in compliance.
E. Replacement of plant material shall be limited to
one replacement unless negligence on the part of
the owner or contractor is established by the city.
18.84.110 Dedication.
The city may requir.e the applicant to dedicate
development rights, mr space, or an open space
easement to the city to ensure compliance with this
chapter.
Chapter 18.91
MANUFACTURED HOME PROVISIONS
Sections:
18.91.010 Inspection of manufactured homes.
18.91.020 Nonconforming manufactured
homes.
18.91.030 Manufactured home developments.
18.91.010 Inspection of manufactured homes.
A. The building official shall inspect the installation
of manufactured homes prior to occupancy and
issue certificates of occupancy after all city
requirements have been met. No manufactured
Pa~e 40
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
home shall be occupied until a valid certificate of
occupancy has been issued.
B. If a manufactured home is replaced by another
manufactured home, a new certificate of
occupancy shall be required.
18.91.020 Nonconforming manufactured homes.
A. A manufactured home that was legally placed and
maintained prior to the date of adoption of the
ordinance codified in this chapter and does not
meet the requirements of this chapter, shall be
deemed to be a legal nonconforming structure.
B. If a legal nonconforming manufactured home is
damaged to an extent exceeding seventy-five
percent of the replacement cost of the entire
building, exclusive of foundations, it shall not be
repaired, replaced or reconstructed except to
conform to the development requirements of the
zone in which it is located. The extent of the
damage shall be determined by the building
official.
18.91.030 Manufactured home developments.
All manufactured home developments shall be
accomplished through a conditional use permit and shall
meet the following criteria:
A. All manufactured home developments shall be
three acres or larger, and shall contain only
manufactured homes and accessory buildings.
B. Manufactured home developments shall contain a
minimum 30 foot buffer around the perimeter of
the development.
C. Manufactured home developments shall contain a
common area for recreation and interior open
space.
D. Roads shall conform to all requirements of public
works.
E. All utilities shall be approved by appropriate
departments.
F. All requirements in Chapters 18.78, 18.81, and
18.84 shall apply as if the development were a
multifamily development.
G. The density of a manufactured home development
shall be the same as for the underlying zone,
H. Additional requirements may be imposed at the
discretion of the hearing examiner.
Chapter 18.87
NONCONFORMING
STRUCTURES
LOTS, USES AND
Sections:
18.87.010 Applicability.
18.87.020 Nonconforming use of land.
18.87.030 Nonconforming structures.
18.87.040 Conditions of continuance
nonconforming use of structure.
18.87.050 Nonconforming lots,
of
18.87.010 Applicability.
This chapter shall apply to structures, uses and lots that
become nonconforming as a result of the passage of this
title, or any subsequent amendments.
18.87.020 Nonconforming use of land.
A nonconforming use of land may be continued,
provided that:
A. The use is not enlarged, increased, or extended to
occupy a greater area of land or structure than
was occupied on the date of adoption of this code;
B. The use is not moved in whole or in part to any
other portion of the lot or parcel; and
C. If the use ceases for a period of more than one
hundred eighty days, the subsequent use of the
land shall be conforming.
18.87.030 Non-conforming structures.
A nonconforming structure may remain and be used,
provided that:
A. The structure is not enlarged or altered so as to
increase its nonconformity;
B. If moved, the structure shall be made to conform
to regulations of this code; and
C. If the structure is harmed or destroyed by more
than 50 percent of its replacement value, as
determined by the building official, the structure
must be reconstructed in compliance with the
requirements for the zone in which it is located.
18.87.040 Conditions of continuance of
nonconforming use of structure.
A nonconforming use of a structure may be continued,
provided that:
A. The structure is not enlarged or moved;
B. It may be changed to another nonconforming use
C. ~y the hearing examiner;
it is superseded by a conforming use, the
nonconforming use may not thereafter be
resumed; and
D. If it is discontinued for a period of six consecutive
months or for a total of eighteen months in any
three-year period, it may not thereafter be
resumed.
18.87.050 Nonconforming lots
A. Any unimproved lot, tract or parcel of land in
single and separate ownership that was lawfully
created and recorded with the county auditor's
office prior to March 1, 1992, may be used for
purposes permitted by this title notwithstanding
the minimum lot area, lot width and lot depth
required.
B. A nonconforming unimproved lot in conunon
ownership with a contiguous lot shall not be used
for purposes pertrotted by this titIt; unless the lot
is combined with the contiguously-owned lot
and/or combined in a manner adequate to comply
with the required minimum lot area, lot width and
lot depth as specified for the zone in which the lot
is located.
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Page 41
February 20, 1992
Chapter 18.93
DAY CARE FACILITIES
Sections:
18.93.010 Purpose.
18.93.020 Family Day Care Home
18.93.030 Child Day Care Center
18.93.040 Decision criteria.
18.93.050 Registration.
18.93.010 Purpose.
It is the purpose of this chapter to facilitate siting of
child day care facilities in a manner that simplifies
review and approval processes while ensuring
conformance with surrounding land uses.
18.93.020 Family Day Care Home
A family day care home shall be permitted in all
residential zoning districts. Permit approval shall be
through an administrative site plan review process and
shall be subject to the following conditions in addition
to Section 18.93.040:
A. One off-street parking space is required tbr each
on-shift, non-residential employee in addition to
the residential parking requirements found in
Chapter 18.81, Parking requirements. Residential
driveways are acceptable accessways.
B. Access streets, parking and/or loading areas shall
be sufficient to safely accommodate the number of
estimated vehicle trips generated by the use.
C. No structured area for active play or play
structures may be located in the front yard. In the
event of double frontage or similar situations, the
Director or designee shall deterrmne which yard
would have the least visual impact to the
neighborhood.
D. Family child day care homes located within
multifamily residential uses shall not be operated
from a combination of dwelling units.
18.93.030 Child Day Care Center
A child day care center shall meet the following
requirements in addition to Section 18.93.040:
A. Residential zonin~ districts.
1. A child day care center may be allowed in
residential zoning districts only upon issuance
of a conditional use permit.
2. A sight obscuring fence of at least ti3ur feet in
height as approved by the hearing examiner
shall be provided, separating any play area
from adjoining lots.
3. Child day care centers located in residential
zones shall conlbrm to all standards required
in Sections 18.93.030(B) and 18.93.040, as
well as any additional requirements placed by
the hearing examiner after public comments
are considered.
B. Commercial zonine districts.
A child day care center is permitted in all
commercial districts subject to site plan review
using the following criteria in addition to Section
18.93.040:
1. Structure(s) shall meet building, sanitation,
health, traffic safety and fire code
requirements.
2. A minimum of one off-street parking space
shall be provided for each on-shift employee
plus one space per twelve persons served.
3. An on-site vehicle turn-around or separate
entrance and exit points, and passenger
loading area must be provided. The city
shall specifically consider the location and
appearance of the proposed turn-around or
access in determining compatibility with
surrounding uses.
4. A child day care center shall not be located
within 300 feet of another day care center,
except for any child day care center that is
an accessory use in a connnunity service
facility, as described in Subsetion D.
5. Child day care centers shall conform to
Chapters 18.78, General regulations, 18.81,
Parking regulations, and 18.84, Landscape
requirements.
C. Limitations of Use of a Family Residence. No
child day care center shall be located in a private
family residence unless the portion of the
residence where the children have access is used
exclusiv. ely. for the children during the hours the
center ~s tn operation, or is separate from the
usual living quarters of the family.
D. Accessory Use. A child day care center. if sited
on the premises of an operating co~mnunity
service facility, such as a private or public school,
place of worship, community center or library,
and is associated with that activity, shall be
considered accessory to the principal use of the
property concerned.
18.93.040 Decision criteria.
All facilities providing child day care shall meet the
following provisions:
A. Meet State child care licensing requirements;
B. Comply with all building, fire safety and health
code requirements;
C. Conform to the lot size, building size, setback and
lot coverage requirements of the underlying zones;
E. Provide an off-street drop off/pick-up area;
F. File a child care registration form with the City as
provided in Section 18.93.050, Registration;
G. Comply with all business licensing requirements;
H. No structural or decorative alteration is permitted
in a residential zone if that alteration changes the
residential character of an existing residential
structure or be incompatible with surrounding
residences;
Day care services shall not be conducted before
5 a.m. or after 9 p.m. in residential zones;
An on-site vehicle turn-around, or separate
entrance and exit points, and passenger loading
area must be developed according to plans
approved by the city engineer;
K. No structured area for active play or play
structures may be located in front yards in
residential zones; and
Pate 42
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
The site must be landscaped in a manner
compatible with adjacent residences in residential
zone according to a plan approved by the
department.
18.93.050 Registration.
Each child care service prorider must register with the
city by filing a Child Care Registration form as
provided by the city prior to the initiation of use. The
child care provider must demonstrate compliance with
the applicable conditions of this ordinance as listed on
the registration form. No fee will be required for this
registration.
Chapter 18.96
P T
HOME OCCU A IONS
18.96.010 Purpose.
18.96.020 Permit Procedures.
18.96.030 Criteria for minor home
occupations.
18.96.040 Criteria for major home
occupations.
18.96.050 Prohibited home occupations.
18.96.060 Time Limitation.
18.96.070 Revocation of Home Occupation
Permit.
18.96.080 Assurance Device.
18.96.010 Purpose.
The purpose of this chapter is to (1) allow home
occupations that are compatible with the neighborhoods
in which they are located and (2) regulate other home
occupations in accordance with the impact on the
neighborhoods in which they are located.
18.96.020 Permit Procedures.
A. Home occupations complying with the criteria
established in Section 18.96.030 shall be
considered minor and permitted in all zones in
which residences are permitted. Administrative
review by the planning department will commence
upon the city's receipt of a business license
application to determine compliance with this
chapter.
B. Home occupations complying with the criteria
established in Section 18.96.040, Criteria for
major home occupations, shall commence only
after the issuance of a conditional use permit as
outlined in Chapter 18. 108 of this Title.
18.96.030 Criteria for minor home occupations.
Minor home occupations shall meet all of the following
criteria:
1. The business shall be conducted wholly within a
residence or an accessory building and is clearly
subordinate to the residence;
2. No more than one person who is not a resident of
the dwelling shall be employed in the home
occupation;
3. The property shall not be altered. No expansion of
the parking area is allowed beyond that required
for the residence. No parking in the setbacks or
buffers is allowed;
4. The use shall not generate additional vehicular
traffic beyond that typical for the residence and
one employee;
5. Only products produced on site or incidental to
items produced on site shall be sold, but arranged
sales incidental to the home occupation are
allowed;
6. No outdoor storage or other exterior indication of
the business shall be visible beyond the subject
property;
7. Commercial vehicles shall not be used, other than
that normally used by the applicant or an
employee.
8. A business license from the city shall be obtained
as required in Title 5.
9. No noise, vibration, emissions, dust, odor, heat or
glare that would exceed what is normally
associated with a dwelling shall be produced by
the business beyond the subject property;
10. No structural or decorative alteration is permitted
related to the home occupation;
11. Delivery service shall neither restrict traffic
circulation nor ove~oad public or private roads;
and
12. Except for a two-square foot wooden sign, no
display shall be visible from the exterior of the
residence.
18.96.040 Criteria for major home occupations.
A. Major home occupations shall be allowed subject
to a conditional use permit, and shall meet the
requirements set forth in Section 1:2.96.030(5 - 12 )
and the fbllowing requirements:
1. The business, including operations and
storage, shall occupy no more than half of
the residential gross floor area, which
includes all accessory buildings. If the
business occupies an accessory building, the
square footage of that building shall not be
larger than the primary residential building;
2. The building official shall determine the
maximum occupancy load of the structure(s)
in which the home occupation is proposed;
the hearing exammer shall consider this
number along with all other pertinent facts
and comments in determining the maximum
number of employees allowed on the
premises to work in the home occupation at
any one time;
3. The subject property shall not be altered
except to install screening or buffers or to
provide parking for no more than four
vehicles. No parking in yards and buffers
shall be allowed;
4. No more than three vehicles shall be parked
on or in the vicinity of the property as a
result of the business at any one time:
5. On-site sales shall be limited to items
produced on the pre.~rti~es; or incidental to the
major home occupation; and
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Page 43
February 20, 1992
6. Accessways shall be accessible to emergency
vehicles.
B. Major home occupations include, but are not
limited to the following:
1. Home occupations that do not meet all of the
criteria in 18.96.030, Criteria tbr minor home
occupations.
2. Auto repairing, vehicle detailing, and vehicle,
boat or trailer painting and major appliance
repair.
3. Commercial welding and machine shops.
18.96.050 Prohibited home occupations.
Because the following uses have a pronounced tendency
to expand beyond the limits permitted for home
occupations, and to impair the use and value of
residentially structures, the uses are better suited to
commercial zones and are not considered home
occupations:
A. General retail sales, such as eating and drinking
establishments.
B. Funeral chapel or mortuary.
C. Heavy machinery storage not part of an
agricultural use.
18.96.060 Time Limitation.
Minor home occupations shall be permitted to continue
as long as the use continues to comply with the criteria
that were in effect at the time of original approval and
as long as the business complies with local and state
regulations, such as renewing business licenses as
required by ordinance.
18.96.070 Revocation of permits.
A. Upon determination that a violation of a decision
criteria or condition of approval may have
occurred, the director shall notify the owner of a
home occupation of the alleged violation and of
the revocation procedures if the business is not
brought into conformance within 30 days.
B. If the business is not brought into contbrmance, a
public hearing shall be conducted before the
hearing examiner according to Section 5.04.080
for revocation of a business license or Chapter
18. 108 for revocation of a conditional use permit.
C. When a permit or business license is revoked, the
director shall notify the owner by certified mail of
the revocation and the findings upon which
revocation is based.
Chapter 18.99
AGRICULTURE
18.99.010 Purpose
18.99.020 Permitted Uses
18.99.030 Accessory uses to agriculture
18.99.010 Purpose.
The purpose of this chapter is to provide tbr all tbrms
of the keeping of livestock and crop related activities,
e.g. crop growing and processing, for cormnercial and
non-commercial agricultural ventures. To the extent
possible, agriculture shall be treated as a preferred use
in zones in which it is a permitted use.
18.99.020 Permitted Uses
When permitted as a use in a zone, agriculture shall be
subject to the following conditions:
a) Annual and perenmal crops from plants, bushes
and trees are permitted subject to compliance with
soil erosion considerations and impact on the
water resources. General standards established by
the US Department of Agriculture as Best
Management Practices shall be a guide to
permitted activities.
b) Ranching, grazing of livestock and tree-range
poultry are limited by density constraints
established by the US Department of Agriculture
Best Management Practices, as well as local laws.
Best Management Practices limits the density of
grazing animals in proportion to their demands for
pasturage.
c) Confined feed lots and confined poultry yards
must provide treatment of barnyard wastes to
standards established by the US Department of
Agriculture as Best Management Practices.
As long as agriculture is practiced within the
provisions of "Best Management Practices"
defined by the US Department of Agriculture and
Chap!er 16.20, agricultural uses cannot be treated
as nulsarlces.
18.99.030 Accessory uses to agriculture
The following are accessory uses to agriculture:
A) Processing agricultural products produced on the
Island. Certain zones may permit agriculture but
only allow processing as a conditional use.
B) Storage of heavy equipment used l'br agricultural
purposes.
C) A produce stand (and consequent retail sales) tbr
the sale of products grown primarily on the Island
is allowed during harvest time.
Chapter 18.102
PERMIT AND APPEAL PROCEDURES
Sections:
18.102.010 Required--Issuance.
18.102.020 Applications generally.
18.102.030 Hearings, final action
appeals.
and
18.102.010 Required--Issuance.
In addition to all other permits and city approval
required by this title, a use and occupancy permit shall
be required before occupancy, for each principal
structure erected on each lot, parcel or pro~p~',rty. Such
permit shall be issued by the building o cial upon
determination of compliance with the requirements of
this title and the Uniform Building Code.
Pace 44
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
18.102.020 Applications generally.
Applications trader this title shall be made by the
property owner, contract purchaser, or a agent who has
been designated as such in writing. The address
indicated on the application shall be, for the purposes of
this title, the address of the applicant, and all
correspondence relating to the application shall be
directed to that address. The applicant or designated
representative must be present at any public meeting that
has been publicly advertised to hear the application or
when the applicant has been personally notified of such
a meeting.
18.102.030 Hearings, final action and appeals.
A. Public hearings are required prior to action under
the provisions of this title on applications for
amendments to the comprehensive plan,
amendments to the zoning ordinance codified in
this title and the zoning map, conditional use
pe.rmits, rezones, planned unit developments, and
variances.
B. Following review by the planning agency of an
application for any action described in subsection
A of this section all hearings, final action and
appeals relating to such applications shall conform
to the provisions of Chapter 2.16.
Chapter 18.105
SITE PLAN REVIEW
Sections:
18.105.010
18.105.020
18.105.030
18.105.040
18.105.050
18.105.060
18.105.070
18.105.080
18.105.090
18.105.100
18.105.110
Purpose.
Applicability of site plan review.
Permit Required.
Applicable Procedure.
Submittal Requirements.
Decision criteria.
Time li~nits.
Extension.
Revocation of permit.
18.105.010 Purpose
A. The purpose of the site plan review is to examine
specific land use proposals t0r adherence to state
and municipal codes and compatibility with the
comprehensive plan. If the imposition of
conditions will not make a specific proposal
conform to codes and the comprehensive plan, the
specific proposal will be denied.
B. Intent of this chapter is to provide two types of
site plan review:
1. Administrative review for minor prqiects, as
determined by the director, such as (a) a four-
plex multifamily development (exempt under
SEPA), (b) a minor commercial remodel (also
exempt under SEPA), or the addition of a
small room, and (c) a minor change in use,
such as from a church to a preschool; and
2. Planning agency review tbr prqiects (a) that
are not exempt nnder SEPA, (b) that are not
considered minor by the director, or (c) for
all new non-residential construction.
18.105,020 Applicability of site plan review.
Site plan reviews are required for multifamily and non-
residential developments.
18.105.030 Permit Required.
No person, firm or corporation shall locate or expand a
use for which a site plan review is required without first
obtaining a site plan review.
18.105.040 Applicable Procedure.
The city shall process site plan review applications in
accordance with the following procedures.
A. The applicant may submit preliminary materials
and plans to the department for consideration at a
pre-application conference at which time:
1. specific documents and materials in addition
to the minimum will be requested, and
2. the department will determine whether the
proposal pr.obably requires administrative or
agency review.
a. Administrative review may be
performed for minor projects, as
determined by the director or designee,
such as (i) four-plex multifamily
developments that are exempt under
SEPA, (ii) minor commercial remodels
that are exempt under SEPA, or (iii) a
minor change in use.
b. Agency review shall be required for
projects that are not exempt under
SEPA, that are not considered minor
by the director, and for all new non-
residential construction.
B. An application shall be submitted with all required
documentation, materials and fees to the
department.
C. The department shall finally determine whether
the application shall receive administrative or
agency review.
D. A staff report shall be prepared and delivered tbr
approval or disapproval to the director or agency
chair.
E. If under administrative review, the. director shall
approve or disapprove the application.
F. If under agency review. the agency chair shall
schedule the proposal for the next available
meeting for approval or disapproval.
G. If the applicant is aggrieved by any decision of the
department or agency, an appeal to the hearing
examiner may be filed in accordance with Chapter
2.16.
18.105.050 Submittal Requirements.
A. A site plan application and fee shall be filed with
the Department by the owner or attthorized agent
of the land for which the permit is sought.
B. Required information shall include but shall not be
limited to:
1. The legal description of the property, tax lot
number and vicinity map;
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Page 45
February 20, 1992
2. A complete and detailed written statement of
the rotended use of the land and the sequence
and timing of the proposed development;
3. Scale drawings of the property indicating:
a. Noah point and graphic scale,
b. Boundaries, easements, and ownerships as
set forth m the legal description, and
easements on adjacent properties,
c. Topography at appropriate contour
intervals,
d. Existing structures and improvements,
e. Existing vegetation including all trees over
s~x inches in diameter, watercourses,
other natural features, and
environmentally sensitive areas,
f. Proposed improvements,
g. Utilities plans,
h. Circulation plans on and off the site,
including transit access,
i. Landscaping plans,
j. Other plans and drawings deemed
necessary for evaluation, and
k. All adjacent streets and fights-of-ways;
4. The terms, conditions, covenants, and
agreements under which the subject property
is bound, if any;
5. An environmental checklist when required by
the State Environmental Policy Act, codified
at Chapter 16.04; and
6. A statement regarding proposed dedication of
trails and parks if required by Chapter 17.08.
C. An application shall not be considered complete
until the application, fee and all supporting
materials are submitted to the department.
D. The director or designee may waive specific
submittal requirements determined to be
unnecessary for review of an application.
18.105.060 Decision criteria.
The site plan application may be approved or approved
with conditions if:
A. The site plan is in conformance with the
comprehensive plan and zoning ordinance;
B. The locations of the buildings and structures, open
spaces, landscaping and pedestrian and vehicular
circulation systems are adequate, safe and
efficient;
C. The proposal will be served by adequate public
facilities including roads, transit, water, fire
protection, sewage disposal facilities and storm
drainage facilities;
D. The proposal is of scale and design that is similar
to neighboring structures; and
E. No harmful or unhealthful conditions are likely to
result from the proposed site plan.
18.105.070 Imposition of Conditions.
Conditions may be imposed to enable the proposal to
meet the standards of the decision criteria. Such
conditions may include, but are not limited to,
screening, buffering, setbacks, performance bonds,
public facility improvements and limitations upon hours
and methods of operation, density and intensity.
18.105.080 Effect of approved site plan review.
No building or development of any sort shall occur
contrary to the approved site plan except as follows:
A. Minor adjustments to an approved conditional use
permit may be made after review and approval by
the Director. Minor adjustments are those that
entail minor changes in dimensions or siting of
structures, location of public amenities, but do not
entail changes to the intensity or character of the
use.
B. Adjustments other than minor adjustments to an
approved site plan require an amended
application, therefore a major adjustment must be
processed in accordance with Section 18. 105,040.
Major adjustments are those that change the basic
design, intensity, density, use and the like.
18.105.090 Time limits.
The Site plan review automatically expires and is void
if the applicant fails to file for a building permit or
other necessary development permit within three years
of the effective date of the site plan approval unless:
A. The applicant has received an extension for the
site plan approval pursuant to this chapter, or
B. The site plan review approval provides for a
greater time period.
18.105.100 Extension.
The department may extend site plan approval once for
a period not to exceed one year if the applicant
demonstrates that:
A. The extension request is received by the
Department no later than 30 days prior to the
expiration of the permit;
B. Unforeseen circumstances or conditions
necessitate the extension of the permit;
C. Termination of the pernUt would result in
unreasonable hardship to the applicant, and the
applicant is not responsible for the delay; and
D. An extension of the permit will not cause
substantial detriment to existing uses in the
immediate vicinity of the subject property.
18.105.110 Revocation of an approved site plan.
The building official may revoke an approved site plan
in accordance with Section 18. 108. 100, after finding of
any one or more of the following grounds:
A. That the approval was obtained by deception,
fraud or other intentional or misleading
representation;
B. That the use for which approval was granted has
been changed to a non-conforming use;
C. That the permit granted is being exercised
contrary to the terrrts or conditions of such
approval or in violation of the municipal code; or
D. That the permit granted is being exercised to the
detriment of public health, welfare or safety.
Page 46
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Chapter 18.108
CONDITIONAL USE PERlelIT PROCEDURES
Section:
18.108.010
18.108.020
18.108.030
18.108.040
18.108.050
18.108.060
18.108.070
18.108.080
18.108.090
18.108.100
Purpose.
Applicable procedure.
Submittal requirements.
Decision criteria.
lm osition of conditions.
EfFect of conditional use permit.
Time limits.
Adjustments to a conditional use
Revocation of permit.
18.108.010 Purpose.
A Conditional Use Permit is a mechanism by which the
City may require specific conditions on development or
the use of land to ensure that designated uses or
activities are compatible with other uses in the same
zone and in the vicinity of the subject property. If
imposition of conditions will not make a specific
proposal compatible, the proposal shall be denied.
18.108.020 Applicable Procedure.
The city shall process conditional use applications in
accordance with the following procedures:
A. The applicant may sttbnfit preliminary materials
and plans to the department for consideration at a
pre-application conference at which time specific
documents and materials in addition to the
minimum will be requested.
B. An application shall be submitted with all required
documentation, materials and fees to the
department.
C. A staff report shall be prepared and delivered for
review by the planning agency.
D. The planning agency shall make recommendations
to the hearing examiner for approval, approval
with conditions or disapproval.
E. The heating examiner will conduct a public
hearing, and file Findings of Fact, Conclusions of
Law, and Order with the city clerk's office.
F. If the applicant is aggrieved by any decision of the
hearing examiner, an appeal to the city council
may be filed in accordance with Chapter 2.16.
18.108.030 Submittal Requirements.
A. A Conditional Use Permit application and fee shall
be filed with the Department by the applicant.
B. Required information shall include but shall not be
limited to:
1. The legal description of the property, tax lot
number and vicinity map;
2. A complete and detailed written statement of
the intended use of the land and the sequence
and timing of the proposed development;
3. A scale drawing of the property indicating:
a. North point and graphic scale,
b. Boundaries, easements, and ownerships as
set tbrth ~n the legal description, and
easements on adjacent property,
c. Topography at approl>riate contour
intervals,
d. Existing structures and improvements,
e. Existing vegetation including all trees
over six inches In diameter,
watercourses, other natural features,
environmentally sensitive areas,
f. Proposed improvements,
g. Utilities plans,
h. Circulation plans on and off the site,
including transit access,
i. Landscaping plans,
j. Other plans and drawings deemed
necessary for evaluation,
k. All adjacent streets and rights-of-ways;
4. The terms, conditions, covenants, and
agreements under which the subject property
is bound, if any.
5. An environmental checklist when required
by the State Environmental Policy Act,
codified at Chapter 16.04; and
6. A statement regarding proposed dedication
of trails and parks if required by Chapter
17.08.
An application shall not be considered complete
until the application, fee and all supporting
materials are submitted to the department.
The director or designee may waive specific
submittal requirements determined to be
unnecessary for review of an application.
18.108.040 Decision criteria.
A. The heating examiner may approve or approve
with modifications an application Ibr a Conditional
Use Permit if:
1. The conditional use is harmonious and
appropriate in design, character and
appearance with the existing or intended
character and quality of development in the
immediate vicinity of the subject property
and with the physical characteristics of the
subject property;
2. The conditional use will be served by
adequate public facilities including roads,
water, fire protection, sewage disposal
facilities and storm drainage facilities;
3. The conditional use will not be materially
detrimental to uses or property in the
immediate vicinity of the subject property;
4. The proposed conditional use meets all the
criteria otherwise applicable to the zone in
which it is to be developed;
5. The conditional use is in accord with the
comprehensive plan;
6. The conditional use complies with all other
provisions of the city code;
7. The conditional use will not adversely af/~ct
the area or alter the area's predominantly
residential nature; and
8. Subject property is suitable for the proposed
conditional use and will not be detrimental
to surrounding land uses or sensitive areas.
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Page 47
February 20, 1992
Considerations shall include items such as
topography, streets and adjacent land uses; and
9. All necessary measures have been taken to
eliminate the impacts that the proposed use
may have on the area in which it is to be
located.
B. If no reasonable conditions can be imposed that
ensure the application meet the decision criteria of
this chapter, then the application shall be denied.
18.108.050 Imposition of Conditions.
A. Conditions may be imposed in conjunction with
granting a conditional use permit to enable the
proposal to meet the standards set forth in Section
18.108.040, Decision criteria.
B. Such conditions may include, but are not limited
to, requirements tbr screening, buffering,
setbacks, performance bonds, public facility
improvements and limitations upon hours and
method of operation, density and intensity.
18.108.060 Effect of Conditional Use Permit.
A. Once a conditional use permit is approved, no
building or development shall occur contrary to
that specified in the conditional use permit.
B. The owner shall record a declaration with the
Kitsap County Auditor showing the land to be
bound by a conditional use permit.
1. The declaration shall reference the official
files of the City through which the permit was
granted.
2. The declaration shall be a covenant running
with the land.
3. No building permit shall be issued unless such
declaration is recorded.
4. No building permit shall be issued for
structures other than those specified in the
permit.
18.108.070 Time limits.
The Conditional Use Permit automatically expires and
is void if the applicant fails to file ti3r a building permit
or other necessary development permit within three
years of the effective date of the Conditional Use Permit
kinleSS:
A. The applicant has received an extension for the
Conditional Use permits in accordance with
Section 18.108,090; or
B. The Conditional Use Permit approval provides for
a greater time period.
18.108.080 Adjustment~ to a Conditional Use
Permit.
A. Minor adjustments to an approved conditional use
permit may be made after review and approval by
the Director. Minor adjustments are those that
entail minor changes in dimensions or siting of
structures, location of public amenities, but do not
entail changes to the intensity or character of the
use.
B. Adjustments other than minor adjustments to an
approved conditional use permit require an
amended application and shall be processed in the
same manner as a new conditional use permit
application. Major adjustments are those which
change the basic design, intensity, density, and/or
use.
18.108.090 Extension.
The department may extend a conditional use permit
once tier a period not to exceed one year if:
A. The extension request is received by the
Department no later than 30 days prior to the
expiration of the permit;
B. Unforeseen circumstances or conditions
necessitate the extension of the permit; and
C. Termination of the permit would result in
unreasonable hardship to the applicant, and the
applicant is not responsible for the delay; and
D. An extension of the permit will not cause
substantial detriment to existing uses in the
immediate vicinity of the subject property.
18.108.100 Revocation of permit
A. The hearing examiner may revoke,' a conditional
use permit after conducting a public hearing in
accordance with Chapter 2.16 upon the finding of
any one or more of the tbllowing grounds:
1. That the approval was obtained by
deception, fraud or other intentional or
misleading representation;
2. That the use for which approval was granted
has been changed or has at any time been
discontinued for a year or more;
3. That the permit granted is being exercised
contrary to the terms or conditions of such
approval or in violation of the zoning code;
Or
4. That the use for which the approval was
granted was so exercised as to be
detrimental to the public health or safety.
Chapter 18.111
VARIANCES
Section:
18.111.010
18.111.020
18.111.030
18.111.040
18.111.050
18.111.060
18.111.070
18.111.080
Purpose.
Applicable procedure.
Submittal requirements.
Decision criteria.
Imposition of conditions
Time limits.
Extension
Revocation of pe~nit.
18.111.010 Purpose.
Variances are the mechanism by which the city may
grant relief from the provisions of the zoning ordinance
where practical difficulty renders compliance with
certain provisions of the code an unnecessary hardship,
where the hardship is a result of the physical
characteristics of the subject property and where the
pu.rpose of the comprehensive plan is fulfilled. A
variance is authorized only for lot area, size of structure
or size of yards and open spaces. Variances are not
Page 48
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
authorized for changes in density requirements, building
height requirements or expanding a use otherwise
prohibited. A variance shall not be granted because of
the presence of non-conformities in the zoning district
or uses in an adjoining zoning district.
18.111.020 Applicable Procedure.
The city shall process variance applications in
accordance with the following procedures:
A. The applicant may submit preliminary materials
and plans to the department for consideration at a
pre-application conference at which time specific
documents and materials in addition to the
minimum will be requested.
B. An application shall be submitted with all required
documentation, materials and fees to the
department.
C. A staff report shall be prepared and delivered for
review by the planning agency.
D. The planning agency shall make recmmnendations
to the hearing examiner for approval, approval
with conditions or disapproval.
E. The hearing examiner will conduct a public
hearing, and file Findings of Fact, Conclusions of
Law, and Order with the city clerk's office.
F. If the applicant is aggrieved by any decision of the
hearing examiner, an appeal to the city council
may be filed in accordance with Chapter 2.16.
18.111.030 Submittal requirements.
A. A Variance application and fee shall be filed with
the Department by the owner of land Ii3r which the
permit is sought, or authorized agent of the owner.
B. Required information shall include but shall not be
limited to:
1. The legal description of the property, tax lot
number and vicinity map;
2. A complete and detailed written statement of
the intended use of the land and the sequence
and timing of the proposed development;
3. A scale drawing of the property indicating:
a. North point and graphic scale,
b. Boundaries, easements, and ownerships as
set forth in the legal description,
c. Existing structures and improvements.
d. Proposed improvements, if any,
e. Utilities plans, if appropriate,
f. Other plans and drawings deemed
necessary for evaluation, and
g. All adjacent streets and rights-of-ways;
4. The terms, conditions, covenants, and
agreements under which the subject property
is bound, if any.
5. An environmental checklist when required by
the State Environmental Policy Act, codified
at Chapter 16.04.
C. An application shall not be considered complete
until the application. fee and all supporting
mateddais are submitted to the department.
D. The director or designee may waive specific
submittal requirements determined to be
unnecessary for review of an application.
18.111.040 Decision criteria
The hearing examiner may approve or approve with
modifications an application for a Variance if:
A. The variance will not constitute a grant of special
privilege inconsistent with the limitations upon
uses of other properties in the vicinity and zone in
which the property is located;
B. The granting of the variance will not be materially
detrimental to the public welfare or injurious to
the property or improvements in the vicinity and
zone in which the property is located;
C. The variance is necessary, because of special
circumstances related to the size, shape,
topography, location or surroundings of the
subject property, to provide it with use rights and
privileges permitted to other properties in the
vicinity and zone in which the property is located;
D. The need for a variance has not arisen from
actions taken or proposed by the applicant;
E. The variance is necessary ti3r the preservation and
enjoyment of a substantial property right
possessed by other property in the same vicinity
and zone, but which is denied to the property in
question because of special circumstances on the
property in question;
F. The variance is the minimum necessary to fulfill
the need of the applicant;
G. The variance is consistent with the purpose and
intent of the municipal code and in accord with
the comprehensive plan; and
H. The variance will not permit a use or density
prohibited by this title in the zone in which the
subject property is located.
18.111.050 Imposition of Conditions.
Conditions shall be imposed to assure that the variance:
A. Does not constitute a special privilege inconsistent
with the limitations upon other properties in the
vicinity and zone; and
B. Development allowed by the variance will not
adversely affect other properties in the vicinity.
18.111.060 Time limitq.
A variance automatically expires and is void if the
applicant fails to file fbr a building pernnt or other
necessary development permit within three years of the
effective date of the variance unless:
A. The applicant has received an extension tbr the
Variance, or
B. The Variance approval provides tbr a greater time
period.
18.111.070 Extension.
The City may grant one extension to the variance fbr a
period not to exceed one year if:
A. Unlbreseen circumstances or condition necessitate
the extension of the variance;
B. Termination of the variance would result in
unreasonable hardship to the applicant, and the
applicant is nc~t responsible for the delay;
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Page 49
February 20, 1992
C. The extension of the variance ~vill not cause
substantial detriment to existing uses in the
immediate vicinity of the ~ubject property; and
D. The extension request ~s received by the
Department no later than 30 days prior to the
expiration of the permit.
18.111.080 Revocation of permit
A. The hearing examiner may revoke a variance after
conducting a public hearing in accordance with
Chapter 2.16 upon the finding of any one or more
of the following grounds:
1. That the approval was obtained by deception,
fraud or other intentional or misleading
representation;
2. That the variance granted is being exercised
contrary to the terms or conditions of such
approval; or
3. That the variance for which the approval was
granted was so exercised as to be detrimental
to the public health or safety.
CHAPTER 18.114
REZONES
Sections:
18.114.010
18.114.020
18.114.030
18.114,040
18.114.045
18.114.050
18.114.060
18.114.070
18.114.080
18.114.090
Purpose.
Who may apply.
Application -- requirements.
Planning agency review.
Notice requirements.
Public hearing.
Council action.
Zoning map revisions.
Contract rezone agreements.
Construction deadlines for contract
rezone agreements.
18.114.010 Purpose.
This chapter establishes the process and criteria for
cha.nging the zoning classification of property from one
zomng designation to another, or to change conditions
imposed in a contract rezone agreement.
A property rezone may reflect changed circumstances or
new land use needs and shall be consistent with the
city's current comprehensive plan.
18.114.020 Who may apply.
A. The city, any owner or authorized agent, or group
of owners of contiguous property acting jointly
and representing at least seventy-five percent of
the assessed valuation of the subject property, or
their authorized agent, may apply fbr a rezone.
B. The city council at any time may direct the agency
to consider modification to specific areas of the
zoning ordinance text or official zoning map.
C. The agency at any time may initiate consideration
of c. hanges to the zoning ordinance text or official
zomng map.
18.114.030 Application-- requirements.
A. For site-specific requests, application for a rezone
shall be made on forms prescribed by the
department and shall be accompanied by a filing
fee as required by city resolution. The application
shall contain the following:
1. A legal description of the property and tax
lot number;
2. A vicinity map showing zoning designations
on properties within 300 feet of subject
parcel;
3. The names, addresses and telephone
numbers of all property owners together
with proof of ownership;
4. A detailed description of the proposed use
for which the rezone is sought and how such
action meets the decision criteria in this
chapter;
5. A statement explaining how the subject
property is suitable for the proposed rezone
and why the rezone would not be
detrimental to surrounding land uses. The
statement should address topography,
streets, adjacent land uses, and other
pertinent factors that would justify the
proposed rezone; and
6. Any other materials the department or the
agency determines are required to adequately
describe the proposal.
B. For legislative actions, no application will be
required.
C. An application shall not be considered complete
until the application, t~e and all supporting
materials are submitted to the department.
D. The city may defer review of a rezone proposal if
that area is scheduled for comprehensive plan
review or review of the comprehensive plan is
reasonably likely to occur within the following
year.
18.114.040 Decision criteria.
The city may deter review of a rezone proposal if that
area is scheduled for comprehensive plan review or
review of the comprehensive plan is reasonably likely to
occur within the following year. The following criteria
shall be considered in any review for a rezone in order
to establish a recommendation to approve, disapprove or
approve with conditions:
A. The rezone will not be materially detrimental to
the public welfare or injurious to the property or
improvements in the vicinity and zone in which
the property is located;
B. The rezone is warranted because of changed
circumstances and the proposed designation is
appropriate for reasonable development of the
subject property or because of a need for
additional property in the proposed zone and the
proposed designation is appropriate for reasonable
development of the subject property;
C. The subject property is suitable for development
in general conformance with zomng standards
under the proposed zoning designation;
Pace 50
February 20, 1992
CITY OF BAINBR1DGE ISLAND ZONING ORDINANCE #92-08
D. The rezone will not be materially detrimental to
uses or property in the immediate vicinity of the
subject property;
E. The property will be served by adequate public
facilities including roads, water, fire protection,
sewage disposal facilities and storm drainage
facilities for the intensity to which it is being
rezoned;
F. The rezone is in accord with the comprehensive
plan;
G. The rezone complies with all other applicable
criteria and standards of the city;
H. The fezone would not devalue surrounding or
nearby property; and
I. The rezone will not result in an adverse
environmental consequence.
18.114.050 Public hearing -- quasi-judicial.
A. Within thirty days after receipt of a staff analysis
and completed application for a site-specific
rezone, the department shall forward its findings
and recommendations to the hearing examiner,
who shall conduct a public hearing in accordance
with the hearings procedure.
B. Within thirty days after comp. letion of the public
hearing, the hearing examiner shall forward
.findings and recommendations to the city council
m accordance with Chapter 2.16.
18.114.060 Council action -- quttqi-judicial.
Within 30 days after receipt of the recommendation of
the hearing examiner on a site-specific fezone, the
council shall, in a public meeting, make a decision on
the rezone or remand the application to the hearing
examiner application to the hearing examiner. In the
event the council modifies the recommendation of the
hearing examiner, the council shall make its own
findings of fact and set fbrth in writing its reasons for
the action taken.
18.114.070
A.
Public hearing -- legislative.
Within thirty days after receipt of a staff analysis
and completed application for an area-wide rezone
or council directive to consider a textual change to
the zoning ordinance, the agency shall set a date
for public hearing, which will be conducted within
30 days.
Within 60 days after completion of the public
hearing, the agency shall forward findings and
recommendations to the city council.
18.114.080 Council action -- legislative.
Within 60 days after receipt of the recommendation of
the agency pursuant to Section 18.114.070, the council
shall, in a public meeting, make a decision on the
rezone or return the application to the agency for further
consideration.
18.114.090 Zoning map revisions -- recording --
revocation.
A. If the council approves a rezone, the council shall
adopt an ordinance that makes the appropriate
changes on the official zoning map as required in
Chapter 18.03.
B. A fezone approval with any conditions shall be
recorded with the Kitsap County Auditor.
C. The council may revoke its earlier approval of a
rezone only through the quasi-judicial advisory
hearings process.
18.114.100 Concomitantrezones/contract fezone
agreements.
Any applicant for a rezone of any property may be
subject to the signing of a concomitant rezone agreement
as a condition to the council's granting the rezone when
the council finds that such an agreement is necessary to
protect the public health, safety or general community
welfare. Whenever such a rezone contract is signed, it
shall be recorded with the Kitsap County Auditor and
officially entered as a covenant upon the land. Any
purchaser of such property is subject to the rezone
agreement. The applicant may be required to pay the
cost of the preparation of the agreement.
18.114.110 Construction deadlines for contract
fezone agreements.
A. A time limit of 24 months is placed on all contract
rezones granted as provided by this chapter. Upon
the expiration of that time, if construction is not
underway, the director shall institute proceedings
to rezone the property to its prior classification;
provided, however, that if the landowner within
that period of 24 months demonstrates to thc
satisfaction of the director that he has in good
faith attempted to begin construction as
contemplated by the rezone, the director may
defer instituting the proceedings tbr tip to one
year. If the latest fezone classification is fbund to
be the most appropriate for the property, the
director may elect not to institute the rezone
proceedings. The time period prescribed in this
section shall not commence until the completion of
any court challenges to the rezone.
B. To proceed with development after the property
has been returned to its prior classification or
otherwise rezoned pursuant to this section is a
violation of this title.
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Pate 51
February 20, 1992
Chapter 18.117
COMPREHENSIVE
PROCEDURES
PLAN
A~ENDMENT
18.117.010 Purpose.
18.117.020 Who may apply.
18.117.030 Initiation-- requirements.
18.117.040 Decision Criteria.
18.117.050 Hearing procedures and
requirements.
18.117.060 Council action.
18.117.070 Map revisions.
notice
18.117.010 Purpose.
This chapter establishes the process and criteria for
changing comprehensive plan text and the
comprehensive plan designation on property.
Redesignation may reflect changed circumstances or
new land use needs.
18.117.020 Who may apply.
The city, by a majority vote of the city council or
planning agency, any owner or attthorized agent, or
group of owners of contiguous property acting jointly
and representing at least seventy-five percent of the
assessed valuation of the subject property, or their
authorized agent, may apply.
18.117.030 Initiation-- requirements.
A. The city may initiate review of comprehensive
plan text and changes to specific designations at
any time.
B. Initiation for designation changes by other parties
shall occur between September I and October 31.
C. The city may defer review of a proposed
amendment if that area is scheduled for review or
is reasonably likely to occur within the tbllowing
year.
D. An application containing the tbllowing
information shall be submitted to the Planning
Department for review:
1. Name of applicant and relationship to property
owner (e.g. self or authorized agent);
2.Project name, if any;
3. Non-legal description of the location of
property (street address if available);
4. Description of how the proposal meets this
chapter's decision criteria;
5. Current and proposed designation and use of
subject property;
6.Designations and uses of adjacent property;
7. A vicinity map showing comprehensive plan
designations on properties within 300 feet of
subject parcel; and
8. A set of mailing labels for properties within
300 feet of any boundary of the subject
property and of any contiguous property in the
applicant's ownership, showing property
owner's name, tax lot number and address.
E. The geographic scope of an application may be
expanded by majority vote of the agency if the
following criteria can be demonstrated:
1. The proposal will significantly affect
adjacent planning areas in comprehensive
plan elements such as transportation, utilities
or neighborhoods; or
2. The proposed change is essential to
accommodate future growth.
F. An application shall not be considered complete
until the application, fee and all supporting
materials are submitted to the department.
18.117.040 Decision criteria.
The planning agency may recmmnend and the city
council may approve or approve with modification an
amendment to the comprehensive plan text or
designations only if:
A. An error exists in the pertinent provision; or
B. The amendment will not result in development
that adversely affects community facilities, such as
utilities, transportation, parks or schools; and
C. The amendment bears a substantial relation to the
public health, safety or welfare; arid
D. The amendment addresses changing circumstances
or the need of the city as a whole; and
E. The amendment is compatible with the remaining
provisions of the comprehensive plan or other
goals and policies of the city; and
F. The amendment is compatible with neighboring
land uses and surrounding neighborhoods; and
G. The applicant submitted evidence sufficient to
otherwise establish that the application merits
approval or approval with modifications.
18.117.050 Hearing procedures and notice
requirements.
The planning agency will tbllow the hearing procedures
and notice requirements/'or the hearing examiner in
Chapter 2.16 and transmit its recommeudations to the
city council within 45 days of the public hearing.
18.117.060 Council action.
Within 60 days after receipt of the staff analysis and
agency recommendation, the council shall either affirm,
deny, modify or return the application to the agency for
further consideration. In the event the council modifies
the recommendation, the council shall make its own
findings and set forth in writing its re. asons/br the
action taken.
18.117.070 Map revisions.
If the council approves a change in a designation, the
council shall adopt an resolution that makes the
appropriate changes on the official comprehensive plan
map.
Pa~e 52
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Chapter 120
PLANNED UNIT DEVELOPMENT PROCEDURES
Section:
18.120.010
18.120.020
18.120.030
18.120.040
18.120.050
18.120.060
18.120.070
18.120.080
18.120.090
18.120.100
18.120.110
Purpose.
Permitted uses.
Permitted density.
Development standards.
Application procedure.
Submittal requirements.
Decision criteria.
Time limits.
Adjustments to a PUD permit.
Extension
Revocation of permit.
18.120.010 Purpose.
The purpose of a Planned Unit Development is to
encourage the development of land as a single unit. A
PUD should provide for creative, flexible and quality
design. The PUD should be used in order to preserve
critical and resources areas: trees and other natural
features of a site; provide for active, usable open space;
employ creative and superior site design: and minimize
impacts on existing infrastructure.
18.120.020 Permitted uses.
The permitted uses shall be any permitted or conditional
use in the underlying zone. In planned unit
developments that include areas that encompass more
than one zone the uses permitted shall be allowed in the
same proportion as the area in each zone.
18.120.030 Permitted density.
A. The number of dwelling units permitted in a
planned unit development shall not exceed the
allowed density of the underlying zone.
B. In Island Business and Island Trade zones, the
maximum number of dwelling units shall not
exceed the pernutted density in the highest density
residential zone adjacent to the subject property.
C. In all commercial zones PUDs may include
residential uses not to exceed the number of
dwelling units pertrotted in the R-14 zone.
18.120.040 Development standards.
A. The maximum lot coverage tbr residential projects
shall not exceed the maximum lot coverage in the
underlying zone. For commercial projects, the lot
coverage may be increased by five percent of the
lot area over the underlying zone,
B. There shall be no minimmn yards internal to a
PUD. Yards along the PUD property line shall be
no less than the minimum yards required in the
underlying zone.
C. The maintenance and preservation of conunonly
o~vned areas shall be guaranteed tbr the life of the
structures and uses in the PUD through the
execution of appropriate assurance devices
acceptable to the City.
18.120.050 Application and review procedure.
The city shall process a planned unit development in
accordance with the following procedures:
A. The applicant may submit preliminary materials
and plans to the department for consideration at a
pre-application conference.
B. A complete application shall be submitted with all
required documentation, materials and fees to the
department.
C. A staff report shall be prepared and delivered for
review by the planning agency.
D. The planning agency shall make recommendations
to the hearing examiner.
E. The hearing examiner will conduct a public
hearing and file Findings of Fact, Conclusions of
Law, and Recommendations with the city clerk's
office.
F. The city council, at its next available meeting,
will review the application and affirm, modif.v or
deny the application or remand the, application to
the Hearing Examiner for further review.
G. If the applicant is aggrieved by any decision of the
city council, an appeal to the Kitsap Superior
Court may be filed in accordance with state law.
18.120.060 Submittal requirements.
A. A Planned Unit Development application and fee
shall be filed with the Department by the owner of
land/'or which the permit is sought, or the
authorized agent of the owner.
B. Submittal requirements include the following:
1. The legal description of the property and tax
account number;
2. A complete and detailed written statement of
the intended use of the land and the
sequence and timing of the proposed
development;
3. A scale drawing of the property indicating:
a. North point and graphic: scale,
b. Boundaries, easements, and ownerships
as set forth in the legal description,
c. Topography at appropriate contour
intervals,
d. Existing structures and improvements,
e. Existing .vegetation including all trees
over s~x inches in diameter,
watercourses, and other natural
features,
f. All proposed improvements, including
building footprints
g. Utilities plans,
h. Circulation plans on and off the site,
including transit access,
i. Landscaping plans,
j. Other plans and drawings deemed
necessary for evaluation,
k. All adjacent streets and rights-of-ways;
4. The terms, conditions, covenants, and
agreements regarding the intended
development and terms, conditions,
covenants, and agreements under which the
property is bound;
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-O8
Pace 53
February 20, 1992
C,
5. An environmental checklist when required by
the State Environmental Policy Act, codi~ed
at Chapter 16.04; and
6. A statement regarding proposed dedication of
trails and parks if required by Chapter 17.08.
An application shall not be considered complete
until all submittal requirements listed in Section
18.120.060(B), fees and all supporting materials
are submitted to the department.
The director or designee may waive specific
submittal requirements determined to be
unnecessary for review of an application.
18.120.070 Decision criteria.
A. An application for a PUD permit may be approved
or approved with modifications if:
1. The PUD clearly demonstrates superior site
design by incorporating as many of the
following as feasible:
a. provisions for public facilities and/or
amenities;
b. energy efficient site design;
c. provision of affordable housing:
d. other innovative site design exceeding
code requirements;
e. preservation of natural features;
f. placement of structures, circulation
systems and utilities that minimize the
alteration of the land;
g. provisions for a variety of building types
and scale, and design to reduce the bulk
of structures;
h. site design that reduces dependency on
automobiles by providing for pedestrian,
bicycle and transit uses;
i. site design that minimizes impervious
surfaces; and
j. pl~n. ting and buffers that exceed required
rmn~mums;
2. The PUD provides tbr the protection of
critical and resource areas:
3. The PUD is compatible in size, scale, mass
and design with uses on adjacent properties;
4. For all PUDs containing dwelling units, at
least 15 percent of the gross land area must be
set aside as active open space and designed as
an integrated part of the project rather than an
isolated element; and
5. The PUD is compatible with the physical
characteristics of the subject property;
6. Roads, streets, and access drives within and
adjacent to the PUD meet all the requirements
of the Development Standards, Attachment A
of Chapter 17.04:
7. Adequate public services are available
including water; sewer/septic; roads. including
access roads, fire and storm drainage.
Approval of the PUD should not adversely
impact existing public service levels for
surrounding properties;
8. The PUD is consistent with the goals and
policies of the Comprehensive Plan;
9. The PUD complies with all other codes and
policies of the City;
10. All significant trees within required buffer
areas and outside building footprints are
retained whenever feasible;
11. A perimeter buffer appropriate to the project
may be required.
12. If a PUD will be phased, each phase of a
proposed PUD must contain adequate
infrastructure, open space, recreational
facilities, landscaping and all other
conditions of the PUD to stand alone if no
other subsequent phases are developed.
If no reasonable conditions or modifications can
be imposed to insure the application meets the
criteria set forth above, then the application shall
be denied.
18.120.080 Time limits.
The PUD automatically expires and is void if the
applicant fails to file for a building pernut or other
necessary development permits within three years of the
effective date of the PUD unless:
A. The applicant has received an extension ti3r the
PUD permit pursuant to Section 18. 120.090; or
B. The PUD approval provides for a longer time
period.
18.120.090 Adjustments to a PUD permit.
A. Minor adjustments to an approved PUD permit
may be made by the Director. Minor adjustments
are those that entail nunor changes in dimensions
or siting of structures and location of public
amenities, but do not entail changes to the
intensity or character of the development.
B. Adjustments other than minor adjustments to an
approved PUD require an amended permit and
shall be processed in the same manner as a new
PUD permit application.
18.120.100 Extension.
The Director may extend a PUD perntit once for a
period not to exceed one year if:
A. The extension request is received no later than 30
days prior to the expiration of the pertnit:
B. Unforeseen circumstances or conditions
necessitate the extension of the permit;
C. Termination of the permit would result in
unreasonable hardship to the applicant;
D. The applicant is not responsible for the delay: and
E. An extension of the permit will not cause
substantial detriment to existing uses in the
imtnediate vicinity of the subject property.
18.120.110 Revocation of permit.
The City Council may revoke a PUD permit after
conducting a public hearing in accordance with Section
18.108.040 upon the finding of any one or more of the
following:
A. That the approval was obtained by deception,
fraud or other intentional or misleading
representation; or
Page 54
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
B. That the development of the subject property has
not been consistent with the PUD permit.
18.120.120 Merger with Subdivision:
The applicant may request that the City process a
preliminary plat in conjunction with a PUD. Platting is
required for all projects which intend to subdivide land
for the sale of individual lots.
A. Procedure.
The City may review and decide on a subdivision
or short plant at the same hearing as the PUD to
the extent allowed by the City and State
Subdivision regulations.
B. Requirements.
1. The Preliminary Plat must comply with the
standards and criteria of Chapters 17.04,
Subdivisions; 17.12 Short Plats and 17.16
Large Lot Subdivisions as appropriate; and
conform to the conditions of the approved
PUD. In no case shall lots be created that are
less than 20,000 square feet when not served
by samtary sewer.
2. There is no minimum lot size for commercial
PUDs.
Chapter 18.123
ENFORCEMENT AND PENALTY
Sections:
18.123.010 Compliance required.
18.123.020 Violation--Notification by building
official--Appeals.
18.123.030 Violation--Penalty--Civil and
criminal proceedings.
18.123.040 Permit revocation procedure.
18.123.050 Performance bond procedure.
18.123.010 Compliance required.
It is unlawful for any person, firm or corporation to
use, occupy or maintain any building, structure or land
or to erect, construct, reconstruct, structurally alter or
move any building or structure, or to cause or permit
the same to be done in violation of any of the provisions
of this title.
18.123.020 Violation--Notification by building
official--Appeals.
A. If the building official finds that a violation of this
title has occurred, the building official shall notify
the owner of record or lessee of property that is
deemed to be used in violation of this title that a
violation exists. The notification shall set forth the
nature of the violation, and order that the violation
cease and desist, or in an appropriate case, that
corrective action be taken within a reasonable
time. the building official shall (1) leave a copy of
the notice with the owner of record or lessee of
the subject property, or post the notice in a
conspicuous place on the subject property, and (2)
send a copy of the notice to the owner of record
or lessee of the subject property by both certified
mail, return receipt requested, and by regular
mail.
B. The order of the building official shall be final
unless, within 14 days from the date of the order,
the person to whom the order is issued files a
petition for review with the hearing examiner. The
hearing examiner shall conduct a hearing and
issue an order in the matter in accordance with
Section 2.16.080. The hearing exammer's order
shall be final unless within 30 day,,; from the date
of the hearing examiner's order an appeal is filed
with the county Superior Court.
18.123.030 Violation--Penalty--Civil and
criminal proceedin s.
A. A violation o~gany of the provisions of this title
shall be deemed a misdemeanor and a public
nuisance. Once a violation of this title is found to
exist by final order of the building official or
hearing examiner, the city may enforce this title
through civil or criminal proceedings or both.
Each separate day the violation continues shall be
deemed a separate offense.
B. In the event criminal proceedings are instituted
against a violator, the maximum penalty upon
conviction shall be a fme of not more than $1,000
or imprisonment for not more than one year, or
both such fme and imprisonment, for each
violation.
C. Any person who violates or fails to comply with
any of the provisions of this code is, in addition to
any criminal penalty, subject to a civil penalty per
day or portion thereof tbr each violation as
follows:
1. First violation, $100.00;
2. Second violation, $200.00;
3. Third violation, $300.00;
4. Additional violation in excess of three,
$500.00.
Payment of the monetary penalty does not relieve
a person of the duty to correct the violation as
ordered by the building official.
D. If civil proceedings are commenced to stop a
violation of, or enforce, this title, such
proceedings may be commenced in either the
municipal court or the County Superior Court.
E. Nothing in this chapter limits the right of the city
to pursue other lawful criminal, civil, or equitable
remedies to abate, discontinue, or correct
unlawful acts under, or in violation of this title.
18.123.040 Permit revocation procedure.
A. Notice of violation of this title shall be sent by
both certified mail, return receipt requested, and
regular mail, to the owner of record or lessee of
the property found by the building official to be in
violation of this title. The notice shall set forth the
nature of the violation and shall state that if the
violation is not corrected, the permit may be
revoked.
B. If the violation has not been remedied within 30
days of notification of the violation, the building
official shall file a petition for revocation of the
appropriate permit with the hearing examiner. The
hearing examiner shall conduct a hearing pursuant
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08
Pa~e 55
February 20, 1992
to Section 2.16.080 and shall issue an order
revoking the permit where a violation of this title
is found to exist.
18.123.050 Performance bond procedure.
After reviewing any application for a land use or a
zoning matter, the reviewing official or body may
provide for the posting of bonds to ensure continued
compliance with any conditions imposed, including the
construction of improvements, the adherence to city
standards, and/or maintenance, repair or replacement of
such improvements. The bond shall be in a form
acceptable to the city attorney. In the event a condition
occurs warranting the use of bond, the appropriate
administrator may to act under such bond or may
perform the work required at city expense, which
expense shall be a lien against the property, enforceable
as would be a judgment thereon.
Section 3. Effective date. The effective date of this ordinance is five days
from and after its passage, approval, publication and posting as required by law.
PASSED by the City Council this 20th day of February, 1992.
APPROVED by the Mayor this __
of F ry, 1992
2 0 htay
, OR
ATTEST/A_~~ICATE:
RALPH EELLS, City Clerk/Treasurer
FILED WITH THE CITY CLERK: February 20, 1992
PASSED BY THE CITY COUNCIL: February 20, 1992
PUBLISHED: Februar 25, 1992
ORDINANCE NO.: 92-08
Pa~e 56
February 20, 1992
CITY OF BAINBRIDGE ISLAND ZONING ORDINANCE #92-08